Asked in Immigration Law for New York

Q: Can I apply for college before getting in the USA with a tourist visa and then change my status?

I'm in Brazil and going to NYC next month for tourism, but I'm also interested in attending college in New York. Should I apply now and then change my status? When the USCIS process my changing of status application and see that I applied for college before getting in the USA, would it be a problem?

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2 Lawyer Answers
Lee A. Koch
Lee A. Koch
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: You should talk to an immigration attorney, as your question needs more intimate knowledge to answer properly. One of the main pillars of immigration is the intent of the arriving alien. If CBP detects that your intention is different than the visa you have been granted, you are going to run into a problem. Your tourism visa indicates that your intent is to come to the US as a tourist, and leave to go home. The F-1 has a similar non-immigrant intent, but you will want to talk to an immigration lawyer to best decide what to do.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can change your status from tourist to student, yes. Being accepted to a college or university is a prerequisite, but whether you apply now or after you arrive in the U. S. is irrelevant.

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