Asked in Immigration Law for Texas

Q: I have a B1/B2 visa & I want to visit my wife in US, she is on F1. Can I do change of status to F2 visa after entering?

Due embassy closures, I can't apply F2 dependent visa from my home country now.

The idea is that I use my existing B2 visa to enter the US and do a change of status afterwards.

Will there be an "intent" problem with this practice? Specifically, I am also afraid of the 30/60 or 90-day rules that I came to know.

Could you kindly suggest the right practice & the right point of time after entry (for a change of status), so that I best avoid having to exit the US due to the processing time of F2 visa? (assuming I am allowed to stay for 6 months inside US on B2)

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

A: The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.

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