Changing From B-2 and Other Status
A. The "Prospective Student" Stamp: Perhaps no visa category receives more such scrutiny than the B-2 Tourist visa category. Thus, if an individual coming to the US to visit possesses even a remote desire to change his or her status to that of an F-1, it is imperative that those intentions be clearly expressed to the consular officer at the time of the request for issuance of a B-2 visa. In this way, the B-2 visa may be endorsed with a "Prospective Student" stamp that would facilitate a later change of status from B-2 to F-1 or M-1. Furthermore, even if the change of nonimmigrant status is granted by the CIS, any subsequent applications made to a U.S. consulate may be denied based on the consular officer's belief that the individual "materially misrepresented" his or her intent in entering the United States.
B. The "30-60" Rule: Absent documentary evidence of the fact that there was no preconceived intent to attend school, an F-1 visa applicant should wait 60 to 90 days after admission under B-2 status to avoid a charge of preconceived intent to attend school in the context of an application to change to student status. The State Department uses a "30-60" rule in determining whether or not an individual committed fraud in seeking a nonimmigrant visa in cases in which the person applies for a change of status shortly after arrival in the United States. A request for a change of status made within 30 days of arrival creates a presumption that the individual committed fraud in the initial visa application. No presumption of misrepresentation arises if the request to change nonimmigrant classification is made between 30 and 60 days after arrival. However, status changes requested more than 60 days after arrival receive lesser scrutiny, as such requests are not viewed as fraudulent absent evidence of fraud.
C. Changing From Other Nonimmigrant Categories: Generally, absent any evidence of preconceived intent to attend school, a change to student status can be obtained without the high level of scrutiny afforded the B visa category. Nevertheless, it is important that the F-1 applicant fulfill all of the requirements necessary to qualify for the F-1 category and be able to provide all the necessary documents.