Q: Change of status from B1/B2 visa to F2 visa: Does it have an intent problem if applied too soon? Does 90-day rule apply?
Due to embassy closures amidst Covid19, I can't apply for an F2 visa from my home country. My idea is that I travel on my existing B2 visa and do a change of status.
What is the right point of time for me to apply for a change of status after my entry? Will my B2 visa duration be sufficient for this change of status application, so that I can avoid an exit-and-reenter from the US?
A: An application to change your visa category within 90 days will trigger a presumtion of fraud.
A: The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.
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.
