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Our client approached us with a unique situation involving their Rotary Clubs exchange student. Miremba, an 18 year-old from Uganda currently in the U.S. on a J-1 visa. The Rotary Club members wanted Miremba to finish her high school education and potentially go to the college in the United States. Miremba had a passion for business, and wanted to open her own marketing firm one day.
As she was currently on a J-1 visa, it was a little tricky. J-1 visas are nonimmigrant visas issued to foreign nationals intending to participate in an approved exchange visitor program in the United States. As a member of the Rotary Club, Miremba was working on various humanitarian services within the state of Oregon. Typically, some J-1 visa holders must return to their home countries upon the completion of their programs. When applying for a J-1 visa, it is essential that you actually provide evidence of ties to your home country and show the intent that you won’t abandon your country or overstay your visa after completing the program in the U.S.
With Miremba’s J-1 visa, it’s important to note that she was not subject to the J-1 two year home country physical presence requirement. This rule mandates these holders to return to their home country for two years before they can re-enter the U.S.
Given Miremba’s situation and her educational goals, our team advised her to switch to an F-1 visa (Student visa) through a processed called a “Change of Status.” Miremba promptly started applying for Student and Exchange Visitor Program approved institutions, and within 3 weeks got accepted into one institution. We believed that furthering Miremba’s education in the U.S. would equip her with the necessary skills and knowledge before returning home to Uganada.
In her J-1 change to F-1 visa filing, we included Miremba’s biographical data, I-907 form, I-539 form, original DS-2019 forms, SEVIS-901 payment receipts, I-20 form, I-94 form, signed I-342 form, sponsor’s passport and financial records as evidence of financial means to support the applicant.
It was critical we demonstrated that Miremba’s sponsor had the financial means to support her, as USCIS does not want to see the applicant become a financial burden or public charge on the U.S. government. Under an F-1 visa, it is prohibited for a student to seek unauthorized employment to support themselves under the current regulations, making it essential to prove that Miremba has sufficient funds to financial sustain herself during her studies.
The timing of filing was critical. We had to ensure that Miremba maintained her J-1 visa status during the processing for her F-1 visa. By filing well in advance, we had enough time for her application to be processed while ensuring her J-1 status remained valid.
As we had filed under premium processing, our client’s case was approved within 4 business days. We filed on May 23rd and had a decision by May 29th. Typically change of status applicants will have to wait around 6 to 12 months to hear a decision, or it’s filed under premium processing, they will hear about 30 days. By submitting a detailed filing, we were able to have this change of status approved in no time.
This successful J-1 change to F-1 visa showcases our team’s efforts in strategic planning to present before USCIS. We left no room for a denial, and our client’s case underscores our commitment to delivering exceptional results and helping our client’s achieve their educational goals. Schedule a consultation with one of our attorneys to get started on your change of status today.
*The names have been changed in order to maintain attorney-client confidentiality.
“I hope this letter finds you in good health . I am writing to express my deepest gratitude for the unwavering support and kindness you have extended to me throughout my journey to achieve my dreams. Ever since I was a child, I have harbored dreams of working hard and studying diligently to uplift my family, especially to help my mother and provide a better future for my brothers. With determination and perseverance, I pursued every opportunity that came my way. The chance to apply for a college visa in the United States was a significant milestone, one that filled me with hope and excitement for what lies ahead. I am overjoyed that I have just received an approval letter for my visa. This achievement, however, is not mine alone. It is a testament to your unconditional support and the pivotal role you played in my journey. Your time, energy, and assistance have been invaluable, and I am profoundly grateful for everything you have done for me. Words cannot fully express the depth of my appreciation, but I want you to know that your kindness and support will always be remembered and cherished. You have made a significant difference in my life, and for that, I am eternally thankful. Once again, thank you from the bottom of my heart for your generosity and faith in me. I am committed to making the most of this opportunity and to working tirelessly to achieve my goals. I hope to make you proud and to one day pay forward the kindness you have shown me.”
