Amajor difficulty for anyone with a B-1 or B-2 visa who wants to change their status to F-1 status is that – due to the length of time it takes for the USCIS to consider the change request, the SEVP institution which approved the course of study may “defer” that start date.
Applicants seeking to change their status to F-1 must have approved nonimmigrant status (such as B-1 or B-2 status) which extends to, at least, 30 days before the school’s start date and the F or M change request must be approved before that 30 day period.
An Example
If for example, a student has received approval from the school to start school on September 1 of a school year/calendar year, the student’s current nonimmigrant visa must authorize his/her stay in the United States to August 2, of that calendar year.
If a student files for approval to change from B-1/B-2 to F-1 status on their current B-1/B-2 visa then they can begin their studies if:
- Their current B-1/B-2 status is valid beyond August 2, of that calendar year – provided that:
- The F-1 request is also approved before August 2
- The start date is not deferred until the next term – for example, January 1 of the following year.
- Their current B-1/B-2 status is not valid beyond August 2, of that calendar year. The student then files and is approved for an extension of their B-1/B-2 status to the August 2 date or a later date. This extension process is known as “bridging the gap.”
- The F-1 request is also approved before August 2
- The start date is not deferred until the next term – for example, January 1 of the following year.
Why delays in F-1 change request processing and changes in enrollment start dates create complex problems for nonimmigrant visa holders
Unfortunately, there is a major Catch-22 in the student enrollment process and a change to the F-1 status process. That Catch-22 is that the school may decide to “defer” the student’s enrollment date to the following term (such as the January 1 of the following year date). If the enrollment date is deferred, then the 30-day limit is deferred (in the case of the example to about December 2).
The deferment date means a student who didn’t need to bridge the gap – may now need to bridge the gap. This raises, at least, two complications:
1. The student may not learn of the deferral date in a timely manner. The Designated School Official (DSO) is often boxed in too. They rely on USCIS to make a timely decision. When approvals take 5 months or more, then the SEVP approved school is likely to defer the date. There is often a gap between the date the deferral postponement is made – and the date the student is notified he/she must file for a B-1 or B-2 extension.
2. The change request (from B-1 or B-2 to F) status may take months or even up to a year. The uncertainty of the decision date makes it extra difficult to know if the appliance needs to “bridge the gap” by requesting an extension.
Currently, experienced visa lawyers are arguing for some degree of fairness – where it is beyond the control of the student to file an extension request (due to a DSO deferral) in a timely manner.
Call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us about what steps need to be taken to bridge the gap of your B-1 or B-2 nonimmigrant visa while waiting for approval of your F or M nonimmigrant visa.
Client: Student entered U.S. on F-1 Visa, Married U.S. Citizen, Obtained Conditional Green Card (CR-1)
Client’s Country of Origin: Pakistan
Case Type: I-751 Petition to Remove Conditions on Residence; Good Faith Waiver, Exceptional Hardship
Our client retained Attorney Richard Herman of Herman Legal Group for guidance and counsel on his extremely complex situation. Our client, a citizen of Pakistan, entered the U.S. on a F-1 visa pursuing his medical career.
Later, he had met a US-citizen woman who he thought would be his lifelong partner. While arranged marriage is customary in the Islamic faith, at the time, the couple shared the same cultural, religious, and life values, which made our client excited for the compatibility.
After they united in marriage, our client filed for a marriage green card and was approved for his 2-year conditional green card. Soon later, their bond began to dissolve, and relations between the families grew contentious.
In their shared Urdu culture, traditional wedding ceremonial events take place following the marriage to consummate their unity. However, our client could not afford the time or money for the grand occasions to take place during his studies.
The grand wedding ceremony kept getting delayed, and throughout the marital arrangement, the father-in-law persistently attempted to extort large sums of money from our client. Despite the family’s refusal and inability to present finances, the in-law would call numerous times and try to manipulate them into giving up money for the wedding ceremony.
Our client told his father-in-law that he believes that marriage is based on love, care, and understanding—not on money.
Due to his commitment to his residency program, our client and his wife lived separately until its completion. He believed he would one day make a lot of money to support his wife and their future family.
As time passed, he noticed communication with his wife started to dwindle, and time spent together on his visits became slim. Their relationship grew quarrelsome; the couple became more distant, differences continued to arise, and ultimately, the wife showed signs of emotional abuse. Our client suffered from daily criticism. If not subject to blame, he would be ignored for long periods.
His wife’s family used his green card as their leverage—they would steal it without returning it unless our client gave them the money they sought. Finally, the wife’s family gave an ultimatum and demanded a divorce or otherwise sign a contractual agreement to pay the large sum of money. Our client desperately wanted to save his marriage. Still, because he was unable to afford their requests, his wife’s family filed multiple false criminal charges in an attempt to hurt his character and make him subject to removal.
Our client wanted was a successful marriage. Feeling defeat and no longer able to endure the blackmail, our client filed for divorce and came to us for help. He explained to us his failed marriage and sought our assistance to file his I-751 Petition to Remove Conditions on his 2-year residence to stay in the States. He told us how much time and money he had spent for his residency program, and if he were unable to complete it, all of his hard work would go down the drain.
He wouldn’t be able to provide for a future family, and if removed, chances of him securing employment within his industry are slim to none. Also, he feared relocating to Pakistan due to multiple reports of assaults and deadly attacks on Pakistani doctors.
At first glance, Attorney Herman did not believe our client had a chance of approval. While the couple entered into the marriage in good faith, they never had the chance to cohabitate. However, Attorney Herman offered his expertise to our client’s last-ditch effort to save his future. Attorney Herman knew that detailed documentation would be crucial for our client’s best chances of approval.
When preparing the petition, Attorney Herman assembled a vast range of documents to evidence a bona fide marriage, extreme cruelty during the relationship, and that our client is subject to extreme hardship if returned to Pakistan.
After submitting several documentation and attending a lengthy, emotional interview, our client’s petition got approved. Attorney Herman provided his expert knowledge of the law in this complicated case to receive an unlikely favorable outcome. Our client’s case was successful not only in the sense that the result was not expected but also because our client was able to continue his journey in the medical profession within the US.