Las Vegas, NV asked in Immigration Law for Nevada

Q: I'm trying to change my j1(no 2 year rule) visa to f1with a help of a lawyer. What is the potential issues may arise?

For example

How long will this transition take?

When do i have to start in order to make this transition smooth?

I'm trying to undrestand time and procedure about this transition. Thank you very much for answering

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2 Lawyer Answers

A: Changing status from J1 (not subject to 2YHRR) to F1 requires the filing of an I-539. Premium processing (decision in 15 days) is available for an additional fee. Work with an immigration attorney for a smooth transition.

James L. Arrasmith
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Answered

A: Here are some key considerations and potential issues when transitioning from a J-1 visa to an F-1 student visa with the help of a lawyer:

1. Timing: The transition process can take several months. You'll need to apply well in advance of when you want to start your studies on the F-1 visa. Ideally, begin the process 6-12 months before your intended program start date to allow sufficient time for application processing and to handle any unforeseen delays.

2. Two-Year Home Residency Requirement: If your J-1 visa is subject to the two-year home residency requirement (which you indicated is not the case for you), you would need to either fulfill this requirement or obtain a waiver before changing to F-1 status.

3. Visa Interview: As part of the F-1 visa application process, you will need to attend a visa interview at a U.S. embassy or consulate in your home country. Be prepared to demonstrate your intent to study, proof of financial support, and ties to your home country.

4. Maintaining Status: To have a smooth transition, you must maintain your valid J-1 status until your F-1 status is approved. Engage in activities consistent with your current J-1 visa and do not overstay.

5. Admission to a School: You'll need to be accepted into a SEVP-certified U.S. school and receive a new I-20 form from them before you can apply for the F-1 visa.

6. Potential Denial: There is always a risk that your F-1 visa application could be denied. Reasons could include insufficient ties to your home country, inadequate financial support, or failure to prove non-immigrant intent.

Your lawyer will be able to advise you on the specific steps, timelines, and any unique circumstances of your case. They can help you gather the necessary documentation, prepare for the visa interview, and troubleshoot any issues that arise during the process. Starting well in advance and having professional legal guidance will help make the visa transition as smooth as possible.

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