B1/B2 visa revoked when trying to get student visa with I-20

[madicor]

Hello,

I am trying to get some information for a friend. He has been traveling back and forth to the US for years with a B1 visa. He went through his Senior year of high school here with this visa with the approval of the school district. He has also been taking classes at a Community College with this visa. Now that he has finally been accepted to a very prestigious University here in the US he went to the Embassy in Thailand to get the appropriate student visa with his I-20 and instead of going smoothly they have revoked his B1 visa (without prejudice) and denied his student visa stating that they didn't believe he would complete the University program and they felt he was a risk to staying in the US.

This kid has gone back to Thailand (his home) a few times each year to make sure his B1 stayed current. They are also stating he has been going back and forth too much and they want a better explanation as to what he has been up to.

What should he do? Is it ok that he has been taking classes. He was never registered for more than 18 hours a week. I don't think he told the Embassy he was taking classes because he thought he might get into trouble. Should he tell them?

Any help would be greatly appreciated.

Thank you.

M

 

[cherr1980]

A B1 visa is not a student visa, it is for business or to attend business related issues. Sometimes people use it as a B2 for tourism if they don't stay too long or if the B1 visa is issued jointly with a B2. A person holding such visa must know its limits, if he wants to continue with his education in that university inside the US, he must say the truth about where he was and what he was doing because anyway he must give a bunch of personal information and that they can check.
More important is that he should demostrate that he didn't apply for a B1 visa when his intention was to study in the US.
A question, the consulate is awaiting for his answers about where he was?
Good luck,

 

[hadron]

While it is still allowable to do some limited educational activities on the B1/B2, you are required to disclose your intent to study at the time you enter the country on this visa. If you disclose this, the officer at the port of entry will note it on your I94 and scribble it on your visa. ONLY if you have this note, you are allowed to do some very limited studies (the approval of the school district means absolutely nothing in this scenario). Also, if someone wants to change from a B1/B2 to a F1 while in the US, they must have this note of a their intent to study in the passport, otherwise their change of status will be denied.

This is fallout from 9/11/2001. A number of the highjacker pilots entered the country on B1/B2 and changed status to F1 or J1 thereby evading closer scrutiny at their home consulates.

B1/B2 visas are not meant to spend the majority of your time in the US. Looks like your friend pushed the limits of US visa policy just a little too far.