If a change of status from a tourist visa to student visa takes longer than expected do I have to get out of the US? thank you

Immigration 4 views 3 answers
I'm planning to change my status as a tourist to a student by registering in college, but I am afraid that if my change of status will take longer than the time I'm permitted to stay in the US, ( I have until Oct 2015) would that put me in a illegal status? I do not wish that to happen, I've been coming to the US for many years and I do not wish to stay here illegally, but I'd like to continue my grad studies here in order to improve my career and my english. Do I need to hire a lawyer to do this for me or can I request the changing of status by myself or the institution I am applying would do it.? and I'd be in a pending status until they give me an answer? if my change of status is denied, then I'd need to leave the US immediately? Please I really appreciate any advice on this matter.

Attorney Answers

3
Hany Brollesy ·
As long as the change of status petition is filed while you are still in lawful status, you are authorized to remain in the U.S. beyond the expiration of your current I-94. Please note that the change of status application takes several months to be processed and you cannot start school until it is approved. If the change of status is denied, yes, you will need to leave the U.S. immediately, if your underlying status has expired. Schedule a consultation with an immigration attorney.
0 upvotes
Stephen Berman ·
A person is allowed to remain in the US as long as they have a timely filed, pending application for change of status.
0 upvotes
F Capriotti 2793192.Html ·
Yes, it is well known that the B to F COS application takes forever. CIS is concerned about how genuine the representation that you were a tourist when you got the visa and then entered & talked to CBP. The fastest way, and the one the government prefers is for you to go home and take the I-20 to the US Consul. It would be a good idea to talk to an attorney via Skype.
0 upvotes

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