Q: I currently live in the USA, student visa interview in UK or USA?
I currently live in the USA on an E-2 visa as a dependent to my parents. I turned 20 recently, so I am starting to file for a F-1 Student visa because I will age out at 21. Because of that, the law requires I must be an independent on my own visa when I turn 21. Will my interview be here in the USA or will my interview be in the UK? I am a citizen of the UK and moved here in 2000.
A:
You can apply for a Change of status from E-2 to F1. You will have the interview in the US, but you will not have the visa stamped on your passport. Which means you cannot travel internationally, you need a visa stamp on your passport to enter the US. Once your COS is approved you can go to UK, get the visa stamped on your passport and come back to the US. The visa can get stamped anywhere outside US, Canada, Mexico to name a few. So if you do not intend to travel internationally you can apply for COS. If you do intend to travel you have two options, get the stamp in canada or mexico or go back to UK and get the stamp and come back to the US. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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