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Change Of Status in The U.S. vs. Traveling

 

If you are currently in the U.S. on a visa status other than J-1, there are two ways to obtain J-1 Status to start a J-1 Exchange Visitor Program. Scholars who are eager to begin their research or begin teaching may wish to apply for a J-1 Exchange Visitor entry visa at a U.S. Embassy outside the US. Although there is the risk of having the visa application denied, many scholars do not want to wait several months for the USCIS to make a decision regarding their application. While there are no guarantees regarding a scholar's successful application,  some have gone to a U.S. Embassy and successfully obtained a new entry visa. This allowed them to begin their research upon entry into the U.S. in J-1-1 status.

If you chose to try to travel to Canada or Mexico to apply for a J-1 visa, you need to know if you need a visa to enter the respective country. To do so you can visit the following websites:

Traveling Outside the U.S. to Apply for a J-1 Entry Visa

Benefits
  • If the application is going to be approved, it is frequently approved quickly (but not always).
  • If you re-enter in J-1 status, you are entitled to the benefits of that status immediately
  • If you apply for an entry visa in Canada or Mexico, it is our understanding that the security check is processed before you arrive at the embassy or consulate. Please note that this does not guarantee the visa will be issued.
Disadvantages
  • Your application for a J-1 entry visa could be approved, but if you are subject to a security check, the approval could take months. There is no way of knowing who will be subject to a security check, nor is there a way to expedite its progress. A security check can take weeks or months to be processed.
  • The application could be denied. In that case, you would not be permitted to re-enter the U.S. in J-1 status. You may, if you have another valid entry visa, enter in another non-immigrant status, but you would not be in J-1 status, nor would you be entitled to any of the benefits of J-1 status.
  • If you don't have another valid entry visa, you would have to apply for a new entry visa and wait for its approval.
  • You cannot enter the US more than 30 days before the report date indicated on the DS-2019.

Change of Status in the U.S.

Benefits
  • You don't have to travel outside the U.S.
  • This process is generally less expensive (you have to pay $180 SEVIS Fee and $290 application fee, but no plane fare).
Disadvantages
  • The Change of Status (COS) process can take sometimes as long as 9 months. You cannot start your J-1 program until you are have been approved for J-1 status.
  • If the application for a COS is approved, it only changes your status in the U.S. This means that if you travel outside the U.S. during your J program wish to re-enter in J-1 status, you would still need to apply for the J-1 entry visa at a U.S. embassy or consulate. You should review the pitfalls of applying for a U.S. visa at an embassy or consulate above as they will apply to you; that is, you could be refused the visa, be subject to a security clearance, etc.
  • If the application is denied and your previous status has expired, you will not have any valid non-immigrant status in the U.S. For example, if your B-2 status expires and your COS is denied, you will not be in valid non-immigrant status and will be required to leave the U.S. on very short notice, possibly causing an interruption in your program at an inconvenient or disadvantageous time.
  • Anyone in Exchange Visitor (J) status who is subject to the two-year home residence requirement cannot apply for a Change of Status in the U.S.
  • Individuals who have recently entered the U.S. in B-2 status might find changing status in the US to be very difficult depending on what the foreign national indicated as her/his purpose for entering the US and also depending on when s/he entered the US.
  • Individuals in WT or WB status cannot change their status in the U.S.

 

If you have violated your non-immigrant status because you have overstayed your visa you are not eligible to apply at a border post. In other words, if you have remained in the U.S. longer than the period authorized by the Immigration Officer when you entered the U.S. in any visa category, you must apply for a visa in your home country. You should be aware that you may encounter difficulties at the time of interview when you apply for a visa outside of your home district.

Consular officers at border posts will deny visas when they believe there are fraud indicators present or when their lack of knowledge of local conditions and familiarity with documents in the third country prevents them from properly adjudicating the case.

Please consult with your immigration attorney if you have a green card application pending.