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CHANGING TO F-1 STUDENT STATUS
PROCEDURES FOR APPLYING FOR A CHANGE OF STATUS TO F-1
We are here to help you with applying to U.S. Citizenship and Immigration Services (USCIS) for a change of your non-immigrant status to F-1 student. An adviser is available to advise you if changing your status is the right thing for you and about USCIS’s requirements and procedures.
When you came to the United States you had a particular reason or purpose. Maybe you came in as a tourist, for business, or to accompany another family member. That purpose is called your “principal activity” or”status.” When you arrived at the airport, the Immigration inspector recorded your purpose (status) and a day to depart at the airport, the white card (Form I-94) that was stapled in your passport near to your visa.
Now, however, your purpose for being here may have changed. Perhaps you aunt or friend told you that you should think about going to school here, or you completed your company’s business and are thinking about getting a graduate degree. Or your “principal activity” may be ending because you’re thinking about leaving your job and returning to school.
If your principal activity, reason or purpose for being in the U.S. has changed or ended, and you want to stay in the U.S. because you have a specific educational or professional objective you want to pursue full-time, you will need to change your status to F-1 student to remain here lawfully.
1. You must have a status that the law allows you to change. U.S. law does not allow persons who hold the following statuses to change status to F-1: C, D, some J’s, K, M, N, S, WB, and WT. A and G statuses must first complete a Form I-566 and get approval from the Department of State before a change of status application can be sent to USCIS.
B visitor and F-2 dependents that have begun a course of study in the U.S. are not eligible for a change of F-1 status.
2.
You must be here lawfully:
The date of departure on your Form I-94 must be valid up to 30 days before you begin your program of study. A late application will only be accepted if the lateness is due to “extraordinary circumstances” which were beyond your control. Immigration’s standards are very difficult to meet and every day of lateness makes the application more difficult.
You may not have ended the activity you are/were engaging in within the U.S. earlier than 30 days before your program of study begins. You will be required to present documents to prove that activity has not ended. B visitors and F-2 dependents must prove that they have not begun a course of study prior to applying for a change to F-1 student status. 3. You must be accepted for a full course of study and have the financial ability to support the costs of living and studying in the U.S. For more information about the requirements for getting an I-20 Form, stop by the office and ask for an “Application for a I-20 Form.” 4. B statuses must show that they did not intentionally apply for the wrong visa or deliberately enter the U.S. in the wrong status. If you knew that you were going to go to school when you applied for the visa, you will only be to change to F-1 status.
5. You must be able to prove that you have a permanent residence in your home country that you do not intend to abandon.
A change of status is not a change of visa. You can only get a visa at the American embassy or consulate in your home country.
A change of status is not a change of visa. You can only get a visa at the American embassy or consulate in your home country.
If USCIS approves your application, you may stay in the U.S. and stay as long as you follow the F-1 rules, the most important of which is studying full-time every term. The next time you want to go home you will need to get an F-1 visa to reenter the U.S.
A change of status is not a change of visa. You can only get a visa at the American embassy or consulate in your home country.
If USCIS approves your application, you may stay in the U.S. and stay as long as you follow the F-1 rules, the most important of which is studying full-time every term. The next time you want to go home you will need to get an F-1 visa to reenter the U.S.
Come see an advisor in the Office of International Students and Study Abroad if you just want to know more or want to file an application.
APPLICATION TO EXTEND/CHANGE NONIMMIGRANT STATUS (Form I-539)
ATTACHMENT TO FORM I-539
Note:
If you are changing from a B status other than B-2 “Prospective Student”, it is very important that you pay particular attention to Question 1!
Question #1, Demonstrate that you did not intentionally apply for the wrong visa or deliberately enter the U.S. in the wrong status. If you told the consul on your visa application that you intended to go to school or explained this to USCIS when you arrived, say so in the attachment.
Question #2
: Describe how you have been fulfilling your purpose for being in the U.S. As a B-2 or B-1 visitor describe your tourist or business activities. As a dependent describe how you’ve been here with your family. Employment statuses: describe your employment.
Question #3: B Visitors only: Clearly describe, step by step, what and who influenced you to become a full-time student after you arrived in the U.S. Attach any evidence you have that would prove what you say.
Question # 4 : All other statuses: Explain why you want to change your status.
Question #5 : If you were employed back home, explain how your studies will not affect returning to your job and how your career will benefit from your U.S. Attach any evidence you have that would prove what you say.
Question #6
: If you were not employed back home, describe how your studies will help prepare you for a career back home.
Question #7
: Describe your intention to return home permanently following the completion of your studies. What is “pulling” you back there and why? Download Attachment Form I-539 to submit your application to exchange or change your non-immigrant status.
APPLICATION FOR A FORM I-20 and all necessary evidence of support (if you have not already submitted these documents).
EVIDENCE OF LAWFUL STATUS: Attach any evidence you have that you are maintaining lawful status in the U.S. Visitors should attach evidence of where they’ve visited or business activities; employment statuses (h, E, L) should provide a letter certifying their employment and a current pay stub; dependents should provide evidence that the principal is maintaining status. ORIGINAL FORM I-94 Departure record (the white card stapled in your passport). If you hold a dependent status, attach a photocopy of your spouse or parent’s Form I-94 as well. $300 FEE in the form of check or money order. Make it payable to U. S Citizenship and Immigration Services. (USCIS) PROOF THAT YOU HAVE A PERMANENT RESIDENCE IN YOUR HOME COUNTRY. This may be a copy of your rental agreement or proof of ownership.
The Office of International Student and Study Abroad will review your application for eligibility for a change of status and, if you qualify we will issue your Form I-20.
We will then contact you and provide you with information about paying your SEVIS fee. When you have your SEVIS fee receipt, contact our office for an appointment to come in to sign your Form I-20 and bring us a photocopy of your SEVIS fee receipt. We will then send your application to USCIS, certified mail, return receipt requested. USCIS will take two to for months to review your application and reply to us. Sometimes, USCIS will request additional information from you. We will contact you as soon as we hear from them. You are maintaining lawful status in the U.S. while your application is being processed (even if the date on your Form I-94 passes).
Contact us before making any travel plans!!!!
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