The ABC's of Immigration Law

Special Instructions for B Visitors Who Want to Enroll in School

On April 11, 2017, the U.S. Citizenship and Immigration Services (USCIS) posted FAQs for B-1/B-2 visitors who want to enroll in school. The USCIS emphasized that it is not permissible to enroll in school if individuals are in B-1 or B-2 status. The USCIS further stated that individuals in B-1 or B-2 status who have violated their nonimmigrant status by enrolling in a course of study are not eligible to extend their B status or change to F-1 or M-1 status. Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. To change nonimmigrant status, individuals must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions. The USCIS also stated that individuals whose F-1 or M-1 program start date is deferred to the following academic term or semester – because USCIS did not make a decision on their Form I-539 change of status application before the originally intended F-1 program start date – must file a second Form I-539 in order to bridge the gap in time between when their current status expires and the 30-day period before the new F-1 program start date.

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