B1/B2 (Tourist) -> F1 (Student)

JAEMM

Registered Users (C)
My son presently has a 10-year B1/B2 tourist Visa. (We are not from a Visa-waiver country).

"Non-immigrants with a B1/B2 visitors/tourist visa cannot enter the United States to pursue a course of study."


I would like to upgrade that to an F1 Student visa so he can study in the U.S.

The first study opportunity would be just a 5-week summer program at Seattle Pacific University, after which he would return. So we would apply, they would accept him, issue him an I-20, we would go to the consulate and get a Student visa. Correct?

So here are my questions:

1) Would he still have the 10-year B1/B2 visa also, or does the F1 visa void the tourist visa?

2) How long would the F1 typically be valid for?

3) If the F1 does void the B1/B2, can the F1 be used for re-entry as a tourist!?

3) Can the F1 be used for re-entry as a student, for for additional coursework not covered in the original I-20? (e.g. another 5-week program the following Summer)
 
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BTW, some conflicting information I've googled up:

"In order to maintain F-1 student visa status you need to be enrolled in full time studies at an institution approved by USCIS... You may stay legally in the United States as long as you are a full time student."

That would appear to make University summer programs ineligible for an F-1 Visa. Yet Universities summer programs claim you need an F-1 visa and issue an I-20 for such.

Also, if you cannot enter the U.S. on an F1 visa while not enrolled as a full-time student, and the F1 visa voids the B1/B2 visa, what a mess!!

Can the F1 simply revert back and forth to a B1/B2 visa?

I can't imagine this sequence:

Summer School -- Apply for an F1 Visa

Winter Vacation -- Apply for a B1/B2 Visa

Summer School -- Apply for an F1 Visa

Winter Vacation -- Apply for a B1/B2 Visa

... etc.

What's the point of a 10-year visa if we are going to have to re-apply and/or change status every 6 months?!

"International students have been sent home when trying to enter the USA on a visitor's visa to study. However, international visitors who have already entered the USA as tourists are allowed to study for several sessions at A.C.E. Language Centers.

Students with a B-2 visa must change to an F-1 visa if they wish to study a long time."


And this says you can study on a B-2 visa so long as you don't wish to study "a long time"?!?! Wow, that's real specific.

Although if Summer study is indeed allowed on the B-2 visa, that makes life so much simpler. What level of study is allowed under a B-2 visa?
 
"Short Course of Study: individuals coming to the United States primarily for tourism, who also incidentally will engage in a short course of study during their visit. B-2 Visa visitors should have the following annotation placed on their visa: “STUDY INCIDENTAL TO VISIT--Form I-20 NOT REQUIRED.”
 
Mod, can you move this thread to "General F Visa and Related Issues", I had intended to post it there.
 
Just in case he happens to enter the U.S. on the B-2 tourist before finding a course of study, he needs to state that a purpose "looking at schools" "prospective student" and read special instructions at: http://www.uscis.gov/portal/site/us...nnel=e34c83453d4a3210VgnVCM100000b92ca60aRCRD

His 10 yr visa is not voided by the F-1 student visa. A student visa is only valid for the specific school and program applied for and approved. A valid I-20 is required for entry with the F-1. A new school or course of study requires a new application.
 
His 10 yr visa is not voided by the F-1 student visa.

That is excellent if true, would be very annoying otherwise (to give up a 10-year tourist visa just to study for a few months/years).

Although it sounds like the F-1 won't be required for summer study anyway.

Can you apply for an F-1 visa while you are waiting for approval of your I-130 green card?
 
That is excellent if true, would be very annoying otherwise (to give up a 10-year tourist visa just to study for a few months/years).

Although it sounds like the F-1 won't be required for summer study anyway. What are you talking about here? Did you click on the link I gave you?

Can you apply for an F-1 visa while you are waiting for approval of your I-130 green card?

The U.S. Government is ALWAYS willing to take your application fees, getting anything granted is always in question. Depends on the visa category and wait time.
 
That is excellent if true, would be very annoying otherwise (to give up a 10-year tourist visa just to study for a few months/years).

When I applied for an F1 visa, I already had a B1/B2 visa which extended beyond the duration of my studies. After I graduated and left the US, I continued using the B1/B2 to visit the US.

Can you apply for an F-1 visa while you are waiting for approval of your I-130 green card?

Denial is likely if the F1 applicant is the spouse, parent, or child of a US citizen.
 
When I applied for an F1 visa, I already had a B1/B2 visa which extended beyond the duration of my studies. After I graduated and left the US, I continued using the B1/B2 to visit the US.

Awesome, thanks for that anecdotal information, that makes me feel much better.

Seattle Pacific University says if you are already in the U.S. on B1/B2 you can enter summer study without an F-1. (But that if you attempt to enter on a B1/B2 for purpose of summer study you will likely be denied entry).

Another site says the B2 visa should be annotated "STUDY INCIDENTAL TO VISIT--Form I-20 NOT REQUIRED". I'll ask SPU if they require that. They would put that on the I-94 or visa stamp, yes, not annotate the actual 10-year visa?

We travel the the U.S. for summer vacation every summer, so the my son's summer class is completely incidental to tourist purpose. (I'm trying to get him interested in going to University in the States). And there's four of us traveling on a B2 together, so I probably wouldn't even mention the class.
 
JAEMM said:
Can you apply for an F-1 visa while you are waiting for approval of your I-130 green card?

Denial is likely if the F1 applicant is the spouse, parent, or child of a US citizen.

It sounds like I'd want to apply for a K-4 (I-129F) instead, but I'm reading conflicting information. (Some info says unmarried child of U.S. citizen with a filed I-130 is eligible for a K-4, most sites say only the unmarried child of a K-3 applicant is eligible?!).
 
K-4 is the "child" of a USC as defined in INA 101(b) which is: (most of those commercial websites ASSUME that the K-4 is probably a stepchild) The K-4 is for bringing a child to the U.S. in order to file an I-485 for a greencard.

(b) As used in subchapters I and II of this chapter--
(1) The term ``child'' means an unmarried person under twenty-one
years of age who is--
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence
or domicile, or under the law of the father's residence or domicile,
whether in or outside the United States, if such legitimation takes
place before the child reaches the age of eighteen years and the
child is in the legal custody of the legitimating parent or parents
at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother or to its natural
father if the father has or had a bona fide parent-child
relationship with the person;
(E)(i) a child adopted while under the age of sixteen years if
the child has been in the legal custody of, and has resided with,
the adopting parent or parents for at least two years or if the
child has been battered or subject to extreme cruelty by the
adopting parent or by a family member of the adopting parent
residing in the same household: Provided, That no natural parent of
any such adopted child shall thereafter, by virtue of such
parentage, be accorded any right, privilege, or status under this
chapter; or
(ii) subject to the same proviso as in clause (i), a child who:
(I) is a natural sibling of a child described in clause (i) or
subparagraph (F)(i); (II) was adopted by the adoptive parent or
parents of the sibling described in such clause or subparagraph; and
(III) is otherwise described in clause (i), except that the child
was adopted while under the age of 18 years; or
(F)(i) a child, under the age of sixteen at the time a petition
is filed in his behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who is an orphan
because of the death or disappearance of, abandonment or desertion
by, or separation or loss from, both parents, or for whom the sole
or surviving parent is incapable of providing the proper care and
has in writing irrevocably released the child for emigration and
adoption; who has been adopted abroad by a United States citizen and
spouse jointly, or by an unmarried United States citizen at least
twenty-five years of age, who personally saw and observed the child
prior to or during the adoption proceedings; or who is coming to the
United States for adoption by a United States citizen and spouse
jointly, or by an unmarried United States citizen at least twenty-
five years of age, who have or has complied with the preadoption
requirements, if any, of the child's proposed residence; Provided,
That the Attorney General is satisfied that proper care will be
furnished the child if admitted to the United States: Provided
further, That no natural parent or prior adoptive parent of any such
child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this
chapter; or
(ii) subject to the same provisos as in clause (i), a child who:
(I) is a natural sibling of a child described in clause (i) or
subparagraph (E)(i); (II) has been adopted abroad, or is coming to
the United States for adoption, by the adoptive parent (or
prospective adoptive parent) or parents of the sibling described in
such clause or subparagraph; and (III) is otherwise described in
clause (i), except that the child is under the age of 18 at the time
a petition is filed in his or her behalf to accord a classification
as an immediate relative under section 1151(b) of this title.
 
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