I entered the U.S. on a B visitor visa. I recently returned to India. Now, I am ready to return to my studies in the U.S. The problem is that I have a B visitor visa in my passport, but I am in school. What should I say when I return?
I entered the U.S. in 2008 on a B visitor visa. After a few months I applied to my school for an F1 student status while I remained in the U.S. My grandmother grew ill, so I recently returned to India. Now, I am ready to return to my studies in the U.S. The problem is that I have a B visitor visa in my passport, but I am in school. What should I say when I return? Do I even have the right visa?
Puneet, If your B visa is still valid you may try to use it to enter the U.S. I believe you may have a problem entering because the last time you used the B visa you changed to an F student status. You overstayed your welcome as a visitor basically. If your attempt to reenter as a visitor fails and you are turned away at the border check, you can apply for an F student visa at your nearest U.S. consulate. However, the consulate already issued you a B visitor visa and you did not depart the U.S. on time as agreed. Instead, you switched to an F student status. The consulate never approved the switch.
It was perfectly legal for you to switch from a B to an F status while in the U.S. because the USCIS approved your application for a change of status. However, the consulate never issued you an F visa and the border agent allowed you entry as a visitor on the promise you would depart the U.S. when your visit ended. The border agent gave you a departure date.
Agencies do not all agree with each other. Now that you’ve departed the U.S., I think you may have difficulty returning on either a B visitor visa or F student visa. You can only try. Be sure to continue always telling the truth about your intentions when speaking to an immigration officer. You have not misrepresented your intentions, and it is important that you continue being open and honest about them. Allow the immigration officers to decide what to do. I hope this helps.
Call Us for a Free Immigration Consultation / Case Assessment
U.S. TOLL FREE
If you have an interest in working with us on case processing, please complete our free consultation form, and we’ll give you personal attention.
Hello my husband entered the US illegally in 1995 at the age 14. He was finger printed and photographed and sent back twice as a minor. We are married and I am a US citizen. What are his chances of him getting a visa approved? Can the 10 year bar be waived? Please help. Thank you
Allan Lolly says
Reentering the U.S. after being removed is a serious offense. Please start with this blog post:
DREAMer (DACA) Policy Change – New Obama Rule
Please email me at firstname.lastname@example.org if you believe there are opportunities and want to discuss further. Allan
I am very pleased to know your website.
I’d like to ask your help
Briefly explain my status…i am New Zealander, went to the US with Visitor Visa for marriage then got temporary visa but i missed expire date to change permanent visa so husband hired an attorney then the attorney told my husband …your wife can go to New Zealand for delivering baby with the New Zealand passport. So i came to NZ then after delived my baby i could not go back to USA because i had the visitor visa …i had an interview with one of emmbassy staffs for visa….he said i need a divorce certificate or evidance of working in New Zealand ….my husband also applied immigrant visa as his family but i was not suceed….i hudband said that i have to say “i am separated with my husband now…it is just visitor visa application form…” while i had the interview…but i think that made more worse … What would you think about my status? …Am i lifetime ban ? It was truly true marriage life and we did not know about the visa police….it was not fraud….now we are difficult to live together as this status….we will divorce…but i wonder that can i get visa if i have a divorce certificate or if i get married with some one who apply a fiancee visa before we get married?
Please help me to find out the right way
Thank you so much for your help
Allan Lolly says
Christy, It sounds as if you did not correctly state your intentions when you applied for a visitor visa. If so, you may have been accused of misrepresentation and were permanently barred from the U.S. Consider that any misrepresentation before an immigration officer is taken very seriously. It does result in a permanent bar from the U.S., married or not. A bar waiver is possible, but I don’t know enough about your circumstances to determine your chances of success. You and your husband are welcome to call me to discuss if interested. Kindly, Allan