| Question: I know that the immigration laws now only | | | | change of status right after entering the U.S.? Answer: |
| allow me to come into the U.S. on a Visitor Visa for | | | | First, they could deny your change of status application |
| only 30 days. I was planning to go to the U.S. to visit, | | | | and you could go out of status. Next, the INS may |
| and then later, if I found a good job offer, to change | | | | very well assume that you committed fraud. That is, |
| my status to some type of working status. Additionally, | | | | when you got the B1/B2 Visa and entered the U.S. that |
| if I later decided, I was going to change my status to | | | | you did not really intend to visit, but rather, intended to |
| that of a student. Can I still do this? Answer: It appears | | | | go to school or to work in the United States. If that |
| that it will be much more difficult to change your status | | | | happens, you could be deported because you |
| in this type of situation. Normally, when visitors came to | | | | committed misrepresentation and fraud. The fraud will |
| the U.S. under the B1/B2 Visa, they had six months. At | | | | stay with you forever and never goes away. If you |
| some later point after entering, they would be able to | | | | ever want to reenter the U.S., you will need to get a |
| change their status. Please note that some rumors | | | | Fraud Waiver. Those are not easy waivers to obtain. |
| have been spreading that there is no more change of | | | | Question: What is the best way to avoid these drastic |
| status applications being accepted. This is simply not | | | | consequences? Answer: First, the way that people |
| true. Rather, it is the effect of applying for a change of | | | | come into the U.S. is probably going to change. You |
| status once you enter the U.S. that is the problem. | | | | must decide whether you want to go to school or |
| Question: Can you elaborate on what exactly is the | | | | work since these are the options you might be |
| problem? Answer: Actually, when you come in on a | | | | considering. If you are intending on going to school, then |
| Visitor Visa, you are supposed to be doing exactly | | | | you should get the I-20 and apply for the Student Visa |
| that. VISITING! That means going to Disneyland, visiting | | | | from your home country. Then, when you enter the |
| relatives, and having a good time. It does not mean | | | | U.S., you will be entering as a Student, not a Visitor. |
| going to school, getting a job or applying for the Green | | | | Alternatively, if you want to work in the U.S., you should |
| Card. If you come to the U.S. and within 30 days apply | | | | have your sponsor file the petition prior to you getting |
| for a change of status to some other type of status | | | | to the U.S. Therefore, you will not have any allegations |
| such as student or worker, the INS may not believe | | | | by INS that you committed fraud. You need to be very |
| that you intended to ever really visit the U.S. They may | | | | careful if you come to the U.S. with a Visitor Visa and |
| assume that you used the Visitor Visa as a means to | | | | then change your status right away. Obviously, since |
| get into the U.S. so that you could do what you really | | | | you only will be getting 30 days in the U.S., you must |
| wanted to do (such as work or go to school.) | | | | strongly consider not getting a change of status in the |
| Question: What are the consequences of doing the | | | | U.S. |