Can I wait here in the US with an expired I-94?

Immigration 2 views 3 answers
I am here in the US for a month now with a B2 visa, I wish to study here next Fall semester (September 2013) but my visa is going to expire on April. If I apply for a change of status from B2 to F Student while I'm here and waiting for it to get approved can I stay here while waiting for the school starts? I'm not sure because I'm going to be out of status for 5months if I wait. But I really hope I don't need to go back to my home country because it will cost me too much.

Attorney Answers

3
Alena ShautsovaImmigration AttorneyBrooklyn, NY ·
I l might miss something, but five month out of status is way too long. Your application for change of status will not be approved if the course of study starts beyond the 30 days period.
0 upvotes
Mark Curley ·
Generally, an application for a change of status will not allow you to stay in the U.S. after your I-94 expires unless the start date begins immediately after the I-94 expires. Any gap will cause you to fall out of status and require you to leave the U.S. to apply for a new visa. Another possible issue is the denial of your I-539. USCIS does not like to change B-2's to F-1's unless the consulate noted such an intention on the B visa. If you have such a notation on your visa, you can request an extension of stay in the visitor status while waiting for school to start. I strongly suggest that you consult with an experienced immigration attorney. Good luck!
0 upvotes

People Also Asked