Is it possible to change H1B to student status and get F-1 visa at the U.S. consulate in Mexico or Canada? Is there a chance of denial?

Assuming one has been working in the U.S. legally, s/he can apply either for a change of status to F-1 while in the U.S. or apply for the F-1 visa from outside of the U.S. to reenter. It is necessary for the college first to issue a SEVIS Form I-20. It generally is more difficult for an applicant to obtain a visa when applying for it in a country that is not his/her home country. Consular officers in other countries may be unable to properly assess and/or evaluate the foreign documents presented by a visa applicant visiting in the third country. In such cases, the consular officers may deny the visa application and recommend that the applicant return to his or her home country. Should this occur, one would be unable to reenter the U.S. without a valid visa stamp (that has not been revoked) and would have to travel directly from the third country to the home country for visa processing. An F-1 applicant, like one applying for a tourist visa, is required to show strong ties to his or her home country.

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T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

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