Q & A September 12, 2004

Q & A 1.

Q&A 1.

Prior to change status to F-1 student, B visa holder should not be in school

Dear Mr Lee:

How do you do? After reading your introduction of the newspaper, I’m bold to ask you some questions today.

I am 17 years old, I came to the U.S.A. on a tourist visa at the end of last year, and staying at relative’s home. Currently attending public middle school for 10th grade. But the visa will expire in June of this year soon. In order to keep the legal identity, I want to change to student status. Question:

1. It is said that student could go to school only after receiving a student visa. But I have already in school. Will this affect my adjudication? When I entered the high school, the board of education did not ask regarding my status. If I apply the adjustment to student status now, will I expose my status problems, for example, will the board of education refuse accepting my entering of school or requesting me to pay a tuition?
2. What form is needed to apply for adjustment to student status? Could I get the forms from the public school? What qualification a sponsor need and how much income should the sponsor make? What is the successful rate nowadays in adjusting student status?
3. If I eventually was denied for the adjustment, will I be able to continue finish my public high school free of charge and receive diploma and later advance into college?
My present situation is very hard because my relative is not nice to me. Hopefully you can provide me with some advice and suggestions in the midst of your busy schedule.

Very Truly Yours,

Wang Xin

Dear reader:

1. It appears that you are presently attending school on the tourist visa by which you entered the States. You will find it difficult to change status to F-1 student at this time if the U.S.C.I.S. discovers that you have been going to school in light of the rule that B visa holders cannot study prior to applying for a change of status to F-1 student. Another rule you should be aware of is that F-1 students are only allowed to attend public schools for up to one year and must pay the school district the entire cost of the schooling.

2. A school must issue a SEVIS I-20 Form to the student before he or she can apply for a change of status to F-1 student. Most public schools will not issue I-20 forms. F-1 students usually must go to private schools. A sponsor needs to make an amount of income which would make it believable that he/she would be able to financially support the student and that the same time not make too much of a sacrifice upon himself/herself. The closer the relationship of the financial sponsor to the F-1 student, the more believable it would appear to the U.S.C.I.S. that the financial sponsor would be willing to sacrifice more of his/her income for the student's schooling. I do not keep track of the success rate of applications to change status to F-1 student, but note that we have been fairly successful in assisting with changes of status to student.

3. If you are denied a change of status, you would join the ranks of illegal immigrants in this country whose numbers range from 7-12 million. Although not guaranteed, you should be able to finish your public high school free of charge and receive your diploma. Many colleges accept students who are illegal although many do not. You would have to ascertain each college's admission policy.

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.