Articles Posted in I-94

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Do you want to know how you can change your status from a B1/B2 tourist visa to F-1 international student from inside the United States? If so, then this is the right video for you. In this video, we answer this important topic and discuss some important considerations you may want to know if you are interested in changing your status while inside the United States.

When you enter the United States in B1/B2 nonimmigrant status, you do so for a specific purpose – to remain temporarily for business, tourism, or a combination of both. But what happens when after you have entered the United States, you decide that you want to enroll in a course of study in the United States? Is this possible?

Overview

The short answer is yes, however there are some important considerations.

To begin, it is important for you to understand that you cannot file a change of status application while inside the United States during the first 3 months (90 days) of gaining admission to the United States. Doing so may trigger a presumption that you misrepresented your true intention for entering the United States and could land you in hot water with U.S. Citizenship and Immigration Services (USCIS).

However, if, during the course of your remaining duration of stay in the United States (after those 90 days) you become interested in studying in the United States, it is possible for you to apply for a change of status while remaining in the United States. Please note that you must have a good reason for changing your status to F-1 from inside the United States, instead of opting to apply for your F-1 visa at a U.S. Embassy or Consulate overseas. For instance, if you could not return to your home country for political or legitimate medical reasons.

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Welcome back to Immigration Lawyer Blog! We kick off the start of a brand-new week with even more immigration news.

In this video, attorney Jacob Sapochnick shares the following new immigration updates: new vaccination policies and procedures being followed by U.S. Customs and Border Protection (CBP) following the release of the Proclamation, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, new updates for certain B1/B2 tourists visa applicants, tips for U.S. permanent residents stuck overseas, and solutions for those traveling under the Visa Waiver Program that have not been able to leave the United States due to flight cancellations.

Overview

CBP Customs and Border Protection Operations in 2022

In a recent meeting with the American Immigration Lawyers Association (AILA), U.S. Customs and Border Protection (CBP) provided further clarification regarding admission of non-U.S. Citizens to the United States following the issuance of Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic. This new Proclamation requires non-citizens to be fully vaccinated against COVID-19 to gain admission.

CBP has made clear that the agency is not responsible for enforcing the vaccine requirement stipulated in the Presidential Proclamation.

Instead, CBP is merely responsible for enforcing all guidance provided by the Centers for Disease Control and Prevention (CDC) such as ensuring that all air travelers, 2 years of age or older, present a negative COVID-19 viral test (regardless of vaccination status or citizenship) no more than 1 day before planned travel to the United States and proof of full vaccination against COVID-19 as mandated by the CDC. Travelers must show their negative result to the airline before boarding their flight.

Pursuant to CDC regulations, you are considered fully vaccinated:

  • 2 weeks (14 days) after your dose of an accepted single-dose vaccine
  • 2 weeks (14 days) after your second dose of an accepted 2-dose series
  • 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial
  • 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart*

* CDC has not recommended the use of mix-and-match COVID-19 vaccine primary series. However, such strategies are increasingly common in many countries outside of the United States. Therefore, for the of purpose of interpreting vaccination records for travel to the United States, CDC will accept combinations of accepted COVID-19 vaccines.

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