Yes is the answer to the above-asked question. The next question is should you do so:
A change in your visa stature means a change in your motive to visit the USA. When you visited the USA with a tourist visa you had informed the government that you would be visiting the USA for a purpose of a brief visit for travelling the country for the purpose of leisure. If this conception is found to be misleading by the USA your entry to the USA could be banned forever.
Commonly, when you acquire a guest or tourist visa (for business or the travel industry), you notify the officer that the span of your visit will be short, something like a half year. When you arrive at the US port of entry, you also tell the interviewing officer the same thing. The US State Department (DOS) holds that there is an assumption of distortion in the event that you attempt to apply for a difference in status in something like 90 days of section into the US. The weight lies on you to demonstrate that you didn’t distort your arrival.
Conflicting Conduct After 90 Days:
Assuming you breach your status or participate in things conflicting with your status over 90 days after admission to the United States, no programmed assumption of unshakable deception emerges. In any case, the office can in any case look at the entirety of your conditions to survey on the off chance that you have made a deception.
Legitimate Elements of the Misrepresentation Bar:
- To forever ban an individual from entering the US, the public authority organizations assess the accompanying components:
- You certifiably made a distortion, for example, in an oral interview, in composing applications (written applications), or by submitting proof containing misleading or fake information.
- You have made a misrepresentation in front of any of the USA officials.
- You had carried out the act of misrepresentation willingly and with consent or in simpler words you were aware of the doings.
- The fact misrepresented is material, meaning it is relevant to your application or to the agencies’ full examination of the facts.
- You are more likely to have made the distortion on your own visa application or application for admission to the United States (not another person’s), incorporating any data offered in the help of the application.
- You could be considered answerable for distortions made by your representative (like a travel planner) or legal counselor assuming you knew about it.
- You looked to secure or acquired a visa, other documentation, or entrance into the United States. You are not expected to have been fruitful; even an endeavor is adequate to finish the demonstration of distortion.
As a result, while a status change is an option, it may not be the most appropriate option. In many, if not most cases, it is best to leave the US to apply for a new visa for the desired activity.
