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630-392-8101 | 630-392-8101
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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Every year, many foreign nationals enter the U.S. on a B-2 tourist visa and later decide to stay and pursue their education. Transitioning from a B-2 visitor to an F-1 student might seem straightforward, but in practice, this status change is most commonly denied by U.S. Citizenship and Immigration Services (USCIS).

At Kasturi Law, LLC, we help Illinois applicants avoid critical errors that can cause their B-2 to F-1 transition to be rejected. If you or a loved one is considering this path, it’s essential to understand the key issues that can make or break your case, especially timing and intent.

Frustrated individuals react to a denied B-2 to F-1 visa transition – understand key factors like timing and intent to avoid common pitfalls.

Why USCIS Denies B-2 to F-1 Visa Changes

While switching from a tourist to a student visa may seem like a reasonable next step for many visitors, USCIS often views these requests with increased scrutiny. Denials are common—and not always for obvious reasons. To improve your chances of success, it’s critical to understand the underlying issues that cause applications to be rejected.

They include:

  • Timing of the Application

USCIS carefully reviews when a person arrived in the U.S. on a B-2 visa and when they decided to switch to student status. If the application is submitted too soon after arrival, it can raise red flags.

USCIS often applies the 90-day rule—a guideline suggesting that any change of intent within the first 90 days of entry could be considered misrepresentation. If you enter on a B-2 visa (intended for short-term tourism or medical visits) and quickly apply to become a student, the government may question whether you were honest about your original purpose for visiting the U.S.

Tip: If you decide to pursue a change of status, it’s best to wait until after the 90-day mark and to have strong evidence that your plans genuinely evolved during your visit.

  • Lack of “Nonimmigrant Intent”

To qualify for an F-1 visa, you must prove that you do not intend to permanently stay in the U.S. and plan to return to your home country after completing your studies. If USCIS suspects you’re using the student visa as a backdoor to stay in the U.S. long-term, they may deny your request.

This is particularly tricky if you’ve previously overstayed a visa, have relatives in the U.S., or have no strong ties to your home country.

  • Delays in Processing and Gaps in Status

USCIS can take several months to process changes in status requests. During this time, your B-2 status must remain valid. If your B-2 visa expires before your F-1 status is approved and you haven’t taken steps to extend it, you may be considered out of status, and your application could be denied.

How to Build a Strong Case

At Kasturi Law, we help clients file clear, well-documented applications that address these challenges head-on.

A strong case includes:

  • Evidence of evolving intent, including emails and academic correspondence.
  • A detailed personal statement explaining your change in plans.
  • Proof of financial support for your studies.
  • Timely filing and, if necessary, a B-2 extension request to maintain legal status.

Considering a B-2 to F-1 Transition in Illinois? We Can Help.

Changing your status in the U.S. is never simple, but it can be successful with the proper preparation. If you hope to transition from a tourist to a student visa, Kasturi Law, LLC, can help you avoid missteps and build a case that aligns with immigration law.

Contact us today to schedule a consultation and take the next step toward your educational future in the United States. You can meet with us in the most convenient way for you—whether at our office, over the phone, or through a Zoom video call. Use our online scheduling tool to book a consultation at your preferred time, with options for a 30-minute or 60-minute session.