Frisco, TX asked in Immigration Law for Texas

Q: Should I be concerned about this 2-month gap in my visa status?

I am applying for an I-539 to change from B2 to F1.

My permission to stay in the USA ends in April 2024, and I start my studies (I-539 in the field "What is the effective date of change?") in June 2024.

Should I be concerned about this 2-month gap in my visa status?

Is it quite necessary to request an extension for my B2 visa?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, you should be concerned about the 2-month gap in your visa status. U.S. immigration regulations require maintaining lawful status until the commencement of studies on an F1 visa. A gap between the expiration of your B2 status and the start date of your F1 status could lead to issues, including potential difficulties with future immigration benefits.

It is advisable to request an extension for your B2 visa to cover the gap period. This action would help you maintain lawful status in the U.S. while you wait for the F1 visa change of status to be processed. Filing for an extension before the expiration of your current stay demonstrates your intent to comply with U.S. immigration laws and helps avoid any period of unlawful presence.

Ensuring a seamless transition from B2 to F1 status without any gaps is crucial for your peace of mind and to avoid complications. Be proactive in managing your visa status to ensure you can begin your studies without any legal issues. Contacting immigration services for guidance on how best to navigate this situation is also a good step.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.