Can I stay in the US even if my I-94 expires?

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Can I stay in the US even if my I-94 expires?

I have a tourist visa and I am hoping to get to study college in the US. I prefer to go there first before I apply for a student visa so I could get a chance to visit some schools. I will be going there in 3 months and expecting to be given 6 months of stay. I was wondering, if I file for my change of status (B2 to F1) before I expire, can I wait/stay until the school starts in 4 months? And should I tell at the POE that I intend to change my status?

Asked on May 4, 2012 under Immigration Law, Texas

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will be able to stay in the US beyond the expiration date of your I-94 IF you file for a change of status PRIOR to its expiration.  You should not tell the POE that you plan to change status because that's probably a sure way to not have you be admitted to the US.


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