Foreign exchange students often are at a loss to know how to remain in the U.S. when his or her stay on a visa comes to an end. Each case is different. Here is an example of a Romanian girl who was unable to change status from a J student visa to a B-Visa for Visitors.

Question

What can I do if my B2 visa application was just denied by the USCIS? I entered on a J1 student visa and applied to change to a B2 status. Reason for denial: failure of documentation. Thank you.

Answer

Alexandra, You promised to depart the U.S. once the J status ends. The thing to do would be to depart. This can preserve your good standing if you want to immigrate in the future.

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Question

Allan, I decided to go back. My question is, how hard will it be for me to come back with a student visa, having the I-20 form with me?

Answer

Alexandra, thank you for the follow up. So far, you have not broken any rules. However, you came to the U.S. on the J Visa and applied to change to a B status. This means you stayed in the U.S. longer than originally intended on the J visa. When you return home and then apply at a U.S. Consulate for an F student visa, consulate staff may wonder why you wanted to remain in the U.S. longer than what the J visa allowed. The application was legal, so that is not a problem. However, a consulate officer can wonder what your motive was in staying longer than originally planned. An officer may wonder if you would want to remain in the U.S. longer than what an F student visa will allow.

Each case is different. If you are smart and are accepted to a prestigious school, then the U.S. may want your brainpower and will tend to be more lenient about issuing a new F student visa to you. If they feel your academic ability is not outstanding, there may not be much incentive to issue you a student visa. It can help that you are paying international tuition since you are paying to help support our U.S. educational system. More advanced degrees can also help favor issuance of a student visa.

If you have a boyfriend in the U.S. and would consider marriage, this can be a more direct approach to U.S. immigration based on family. The thing to do would be to meet as many friends as possible while you are here and stay in touch. You should study a subject that is unusual and in high demand in the U.S. If you have training and skills in demand, a work visa becomes a possibility. There can be many unusual jobs that require advanced skills. I hope this information helps.

Kind regards,
Allan

You are welcome to contact me if you like to discuss further.