Can We Change the Status of a High School Student from J-1 to B-2 Tourist After Her Exchange Ends?

Introduction

Welcome to our guide exploring the process of changing the visa status from J-1 to B-2 tourist for a high school student after their exchange program concludes. This article provides valuable insights into the requirements, timeframes, and potential complications to help you navigate this transition smoothly.

Understanding the J-1 Visa

A J-1 visa is specifically designed for exchange visitors who engage in educational, cultural, or business-related activities. If your high school student is currently on a J-1 visa, it is important to understand the terms and conditions of this program. An J-1 visa holder is typically granted a grace period of 30 days after the program ends to leave the United States.

Should your student wish to remain in the US after their 30-day grace period, they can apply for a change of status using Form I-539. However, it is crucial to note that the grace period is meant to be used for safe and orderly departure and should not be misused.

Change of Status to B-2 Tourist

If your student is planning to change their status to a B-2 visa, this is a travel visa primarily issued for tourism or short-term visit purposes. The change of status (CoS) application for a B-2 visa is processed by the U.S. Citizenship and Immigration Services (USCIS).

The complexity of the CoS process can vary. However, the application for a B-2 visa is often straightforward and does not require an interview unless flagged for additional scrutiny. The USCIS processing time for I-539 applications can be lengthy, and given the current global conditions, it is advisable to plan for potential delays, particularly related to the ongoing pandemic.

Grace Period and Pending Applications

A J-1 exchange visitor is permitted a 30-day grace period after their program ends. During this grace period, they can remain in the United States without a valid visa. However, if they want to remain beyond the 30 days, they need to apply for a change of status (CoS) and obtain a new visa.

If your application for CoS is pending, your student will need to abide by the regulations governing the grace period. It is advisable to leave the United States if the application has not been processed within the 30-day grace period. If they choose to stay beyond this grace period, they risks the possibility of being denied entry next time they leave the country.

Re-entry After Change of Status

Should the CoS be approved, your student might be able to re-enter the United States with a B-2 visa. However, if the CoS is pending and the application is not approved, they will not be allowed to re-enter the US and will need to apply for a new visa or use the ESTA (European Large-scale Visa Authorization System) if applicable.

It is important to note that the processing of the CoS application can take several months, especially given the current circumstances due to the global pandemic. Therefore, it is crucial to plan in advance and consider potential delays.

Conclusion

If you are faced with a situation where your high school student’s change of status application from J-1 to B-2 is pending, it is best to leave the United States within the 30-day grace period if it is applicable. If the application is not approved, your student will need to seek alternative travel documentation or explore other options for re-entering the country.

Understanding the intricacies of visa statuses and the processes involved can make a significant difference in the success of your student’s travel plans. We hope this guide helps you navigate these complex requirements and ensures a smooth transition for your student.