Edgerton Immigration Law
Phone: (919) 301-0055
Fax: (919) 919-324-3679
Email: Info@Edgertonimmigration.com
333 Fayetteville Street, Suite 500, Raleigh, NC 27601

Instructions for B-1/B-2 Visitors who Want to Enroll in School

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Monday, 30 August 2010 00:00

U.S. CIS recently issued "Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School."  In this instructional bulletin, CIS confirms that government regulations,

 

If someone currently holds B-1 or B-2 status and would like to enroll in classes, it is possible to apply for a change of status to F-1 or M-1 as appropriate if: 1) the individual has not yet enrolled in classes, 2) his/her current status has not expired, and 3) he/she has not engaged in unauthorized employment.  Individuals who do not meet these criteria may still be able to apply for an F-1 or M-1 visa at a Consulate outside the U.S.

Click here to see the "Special Instructions."

 

specifically 8 CFR §214.2(b)(7), prohibit study in the United States while on B-1 or B-2 status.  The guidance further states that, before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status.  Enrolling in classes while in B-1/B-2 status will result in a status violation.  Individuals in B-1 or B-2 status who have violated their nonimmigrant status by enrolling in classes are not eligible to extend their B status or change to F-1 or M-1 status.  The regulations provide no exceptions.
 

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333 Fayetteville Street, Suite 500, Raleigh, NC 27601  |  Phone: (919) 301-0055  |  Fax: (919) 324-3679
E-mail: info@edgertonimmigration.com
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