B-2 Visa Extension Until F-1 Student Visa Approval

Can the application for B1/B2 extension after immigration be approved?

Immigration policy, visa, green card, B1/B2, extension, change of status,
Under strict immigration policy restrictions, the difficulty of applying for various types of visas and green cards has greatly increased. Many guests who enter the country with B1/B2 short-term tourist visas need to extend their stay or change their status within the country.

Year: 2019
Nationality: Chinese
Applicant: Ms. Chen
Case: B1/B2 Extension Petition (I-539)

2018.07 Entering the United States with B1/B2
2018.12 Submit B1/B2 extension and F-1 student application
2018.12 B1/B2 expired
2019.04 Received RFE for B1/B2 extension application (notification of supplementary documents)
2019.05 B1/B2 extension approved

Difficulties in this case:
• Ms. Chen has already applied for EB-5 investment immigration when she was in China, and she has obvious immigrant tendencies;
• Ms. Chen’s daughter is also studying in the United States, and the binding force for returning home is relatively weak;
• In the RFE (Notice of Supplementary Documents) issued by the Immigration Bureau, the applicant is required to provide a list of all activities and addresses during this entry to the United States , as well as his affidavit in chronological order;
• If Ms. Chen’s B1/B2 extension cannot be successfully approved, then her F-1 student status will also fail to take effect, and she has illegally overstayed in the United States for nearly 180 days, and she is very likely to face a three-year inadmissibility once she leaves the country problem.

Brief background:
In July 2018, Ms. Chen entered the United States on a B1/B2 visa to send her daughter to junior high school. Originally, I planned to accompany my daughter for a period of time before returning to China, but unexpectedly, my daughter did not adapt well to the new school environment, and it happened that the domestic company intends to expand the overseas market. If Ms. Chen can study English in the United States for a short time, the company is also willing to support it. Therefore, Ms. Chen’s first task is how to seize the time to apply for B1/B2 extension and transfer to F1 students to study in the United States. She just came to the United States and was not familiar with the place of life. She found Tsang & Associates through a friend’s introduction, and hoped that we could help her stay with her daughter for a longer period of time. It would be even better if she could also transfer to an F-1 student status. So we submitted the extension application and the F-1 student transfer for Ms. Chen before her B-2 status expired this time. In April this year, we received a supplementary notice, and the immigration officer asked her to provide a list of all activities and addresses after entering the United States. , and my affidavit.

Zang Dikai United Law Firm (Tsang & Associates) has rich experience in dealing with such supplements, so it took the initiative to contact Ms. Chen to prepare supplementary materials.

Keys to success:
1. Necessity of B1/B2 extension
According to Ms. Chen’s personal situation, we will focus on two aspects of the application: one is that as a mother, Ms. Chen has the responsibility and obligation to accompany her daughter in the initial stage of the United States and adapt to the environment; the other is Ms. Chen’s own work Ability, learning English in the United States is necessary for her company and her work. Then prepare these two aspects of preparation materials and a lawyer’s letter to help the immigration officer understand the background and reasons for Ms. Chen’s application for extension, and then approve the application.

2. Not giving up the intention to return to China, explaining the previous immigration application
Regarding the fact that Ms. Chen’s EB-5 investment immigration is still under review, Tsang & Associates focuses on the following three aspects to prove that she will not violate the B1/B2 visa regulations that do not allow immigration intentions:
a. Ms. Chen’s career focus is in China. Ms. Chen has worked as a business manager in a domestic company. We took advantage of the company’s support for her further studies and guided her to prepare work materials and company letters. Obviously, she will not give up the bright prospect of career advancement and waste time waiting for a schedule in the United States .
b. Ms. Chen’s financial focus is in China. Ms. Chen has bank deposits in China, and her other investments and real estate are in China. It is impossible to leave everything behind and stay in the United States.
c. Lawyer Zang’s team specifically explained to the Immigration Bureau the status quo of Chinese investors’ waiting lists for EB-5 investment immigration. With such a long waiting list, it is difficult for Ms. Chen to abandon everything in the country and stay in the United States to wait.

3. How to respond to requests for supplements
How to respond to the request for additional documents to prove that all activities of Ms. Chen’s B1/B2 after going to the United States are legal. B1/B2 is a short-term tourist visa. According to the current policy of the Immigration Bureau, it is also expected by Zang’s team to provide all the activities during the period of entering the United States. Therefore, we compiled a list of documents for Ms. Chen, explaining that Ms. Chen will organize the information on food, clothing, housing and transportation after going to the United States in an orderly manner, sort them out by category, and summarize them in the lawyer’s letter, so that the immigration officer can understand them at a glance. Not only that, Zang’s team is good at enhancing the persuasiveness of supplementary materials based on the client’s personal situation. For example, Ms. Chen is a Christian and often goes to church to participate in activities. We use this to strengthen Ms. Chen’s need to apply for B1/B2 extension .

Case results:
After receiving the B1/B2 supplement notice, Zang Dikai United Law Firm (Tsang & Associates) responded quickly and prepared and sent the supplementary materials within one month. After 2 weeks, I received the approval notice from the Immigration Bureau, allowing Ms. Chen to successfully extend her B1/B2. Ms. Chen knew that her case would be very difficult under Trump’s new policy, so she was always worried during the application process, for fear that the rejection of the case would lead to overstaying, which would affect her subsequent trip to the United States or the EB-5 immigration process . Therefore, she was very happy after receiving the good news, and thanked our professional ability for helping her a lot. As of press time, Ms. Chen’s B1/B2 to F-1 student visa application has also been successfully approved, which is really a double blessing! The following successful cases will share with you the secrets of Ms. Chen’s B1/B2 to F-1 student visa application.

Lawyer Comments:
Under strict immigration policy restrictions, it is more difficult to apply for various visas and green cards. Zang Dikai United Law Firm (Tsang & Associates) has encountered many clients who enter the country with B1/B2 short-term tourist visas, and all of them need to extend, or It is a change of identity within the territory. Ms. Chen’s case is not a special case. In June alone, our firm has successfully approved 3 B1/B2 extensions, one of which is also a 5-month extension of B-2 for accompanying mothers without supporting documents. Zang’s lawyer team has helped many clients and their families avoid overstaying serious consequences. If you have questions and needs in this regard, please contact us and choose a case consultation.

*To protect customer privacy, customer names are pseudonyms.


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