How to convert tourist visa to student or work visa after landing in the US

How to convert tourist visa to student or work visa after landing in USA (1)

A change of position always leads to a change in your intention. For instance, when you acquire a visa and land in the USA, you would let the US government know your intention to visit. The change in that particular intention can be interpreted as preconceived and deliberate. You can be barred from landing in the US forever if such preconception is misleading.

Commonly, when you own a visitor visa specifically for tourism or business, you let the consulate know that the period of your visit will not be more than six months. The US State Department (DOS) would understand that there is a chance of misinterpretation if you try to apply for a status change within 90 days of arrival in the US.

Here are a few activities that may show a possible violation of status

The DOS mentions the below activities that are objectionable as the examples of violations of the 90-day period:

  • Involving in the employment that is on B1/B2 non-immigrant status
  •  Lawfully marrying a citizen and owning a residence in the United States. To finalize the residence of the applicant in the United States, the consulate may have to look into whether you have:
    • Taken a long-term mortgage or a lease
    • List of bills under your name
    • Acquired driver’s license,

You may have to provide any other evidence that counts as proof of your residence in the United States.

Taking any other activity under consideration for which the status change might be necessary without applying for and receiving a change.

Unstable conduct after 90 days

If you violate your status or engage in conduct unstable with your status 90 days after your admission to the United States, no presumption of wilful misinterpretation will automatically arise. Anyway, the consulate will still be able to process the totality of your situation to assess those misinterpretations, if you have any.

According to the legal rules of the misinterpretation bar, you must have affirmatively misrepresented in written applications by submitting evidence or oral interview having fake information.

Please take note of the timely withdrawal that could save you from the worst scenarios caused by a misinterpretation, and it is based on the situation of the case.

Willing to migrate to USA? Contact Y-Axis, the leading overseas immigration consultant in Australia.

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