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Precautions when changing residence status

A person who has entered the United States legally with a valid visa can, in principle, change his/her status in the United States. A tourist who enters the country with a B1/B2 access can change status to student status (F1) or small investor (E2) and change status from student status to small investor, etc.

When you enter the United States and change your status of residence, you must pay attention to the details.

After Korea has been designated as a US Visa Waiver, if you visit the US without a visa, you cannot change to another visa, such as a student visa, within the US. It is important to keep in mind that many Koreans cannot change their status of residence in the United States if they enter the United States without a visa, which is used to visit the United States.

Change of status in the United States must be applied for in a timely manner. The appropriate time means within the time limit specified on the Immigration Card (I-94) received upon entering the country for the first time. Then, if the period of I-94 expires after applying for a change of status, the period of stay has been exceeded in a strict sense, but if the application is pending with the immigration office (Pending), it will not be counted as an illegal stay. If it is rejected, the date of receipt of the notification is the start of the illegal stay, and if approved, you will receive an I-94 stating the new period of stay.

It is different if you decide to appeal within 30 days of receiving a letter of refusal to change your status from the immigration office. Even if the appeal is pending, the period of the illegal stay will be added up and if the appeal is successful, it will be considered a legal stay retrospectively. However, since this appeal is an administrative appeal, it is difficult to overturn the decision of the Immigration Service unless there is a clear legal flaw.

It is recommended that you change your status of residence after 90 days of entering the United States. If you want to change your status of residence on a visitor visa, it is safe to proceed after 90 days have elapsed after entering the United States. If you apply for a change of status to another visa within 90 days of entering the U.S., the Immigration Service will request a change of status of residence based on the applicant's preconceived intent because the applicant used the visitor visa for the purpose of changing the student visa, not the original purpose of visit. can be rejected.

Therefore, if you enter the country on a visitor visa and change your status of residence in the United States or apply for a permanent residency interview, there is a risk of being rejected.

Entering the United States on a non-immigrant visa such as a student visa and immediately changing to another visa or starting immigration procedures may be suspicious of immigration intentions. Whether you enter on a visitor visa and immediately sign an apartment contract, send your child to school, buy a car or obtain a driver's license are good examples of immigration intentions.

Of course, if the period of stay is less than 180 days, you can apply for a travel permit. However, it takes at least 3 months to apply for a travel permit, so if you are planning a trip to Korea or abroad, you should keep this in mind.

CIC AUSTRALIA has guided many families to CANADA and USA successfully.

For more info, please contact CIC Australia.




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