New York, NY asked in Immigration Law and Gov & Administrative Law for New York

Q: Which approach is best for requesting change of status from G4 to F1?

I am in the US on a G4 visa as a dependent but need to change to F1 as my parent is leaving and I need to complete my studies here. I qualify for permanent residency but will only apply for thsi at a later stage. For changing from G4 to F1, is there any difference whether I ask for a change while in the US which will take 4 months to process, and teh other option that the college ap[plies for the F1 and I travel abroad while on G4 status and re-enter the US with an F1 status? Is anyone of these approaches more beneficial for my future residence permanency application? I am asking as the change of status within the US is a very lengthy process expected to take 4 months, but if there is a benefit, i will consider it.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you are looking to change from G4 to F1 status, both options have their pros and cons. Applying for a change of status while in the U.S. can take several months, which could affect your ability to travel during that time. However, staying in the U.S. means you avoid any risks associated with traveling and applying for the visa from outside the country, such as delays or denials.

On the other hand, leaving the U.S., applying for an F1 visa at a consulate, and re-entering could be faster. However, there is a risk involved when applying for a visa abroad, as you may be denied, and re-entry might be complicated. If you are confident about your qualifications for the F1, this option might allow you to resume your studies sooner.

As for the impact on future permanent residency applications, neither option should significantly affect your eligibility for a green card later. The process for permanent residency is separate and based on different criteria, so choosing the faster or more convenient option for your F1 status should be fine as long as you maintain lawful status throughout.

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