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With certain
exceptions, an alien already in the U.S. can apply for a change to F-1
status if he or she has maintained lawful nonimmigrant status up to the
time the application is filed.
Required
documents/evidence
-
Application to extend or change nonimmigrant status. The student should
complete the entire form and sign it.
Instructions
for Completing Form I-539
- The
proper fee, in the form of a check or money order payable to “Department
of Homeland Security”
- The
student should submit an original Form I-20 (the entire form). The
student and the ISP official should sign the form where required.
- The
SEVIS record should be created with I-20 issuance reason: “Initial
attendance – change of status requested.”
- Proof of payment
of
SEVIS fee
- Form I-94:
photocopy of both sides
- It
is sufficient to send a photocopy, since USCIS will generate a new I-94
card as part of the change of status approval notice.
- Photocopy of
current immigration status documents, visa stamp, and passport ID
pages
- Any
immigration document (in addition to the I-94) that may establish the
validity of the applicant’s status at the time of application should be
included. Copies of the passport ID pages are included for
completeness. It is particularly important to send a photocopy of the
visa if the student entered on a B-2 “prospective student” visa.
- Photocopy of
financial support documents
- Same
financial support information used to obtain the I-20 from the school.
- Dependent family
member documentation
- If
dependent family members currently in the U.S. plan to change their
status as well, their information should be included in Form I-539, they
should each be issued SEVIS dependent I-20s, and documentation showing
the validity of their current immigration status, including copies of
their Forms I-94, should be included.
- It
is optional for the student to send a letter explaining why he or she
wants to change status to F-1. However, a strong letter can help
convince USCIS of the student’s temporary intent as well as persuade
USCIS that the student did not have a pre-conceived intention to study
in the U.S.
- Mail all of the above to the USCIS
Service Center with jurisdiction over the student's place of
residence. Use a receipt-based mailing option such as
certified mail, so that there will be evidence that the documents were
received by USCIS.
U.S. Department of
Homeland Security
US Citizenship and Immigration Services
California Service Center
P.O. Box
10539
Laguna Niguel, CA
92607-1053
For Overnight delivery (FedEx,
UPS, etc) or bonded courier delivery:
U.S.C.I.S.
California Service Center
24000 Avila Road, 2nd Floor, Room 2302
Laguna Niguel, CA 92677
*Make file copies of all documents
before sending to USCIS.
* Please submit a
copy of the "Notice of Action" document (I-797) as you receive it from
the USCIS.
Restrictions on
changing to F-1 status from certain statuses
Certain nonimmigrants
are not permitted to change status to F-1 while in the U.S. Such
nonimmigrants may still be eligible for F-1 status, but the only way
they can get F-1 status is through obtaining an F-1 visa and re-entering
the U.S.
The following
nonimmigrants are not permitted to change status to F-1 in the
U.S.:
- M-1 students
- C, D, and K
nonimmigrants
- J-1 physicians
admitted to receive graduate medical education or training
- J nonimmigrants
subject to the 212(e) 2-year foreign residence requirement
- Aliens admitted
as visitors under 8 C.F.R. 212.1(e)
- WT and WB
visitors admitted under the Visa Waiver Program
School attendance pending
adjudication of change to F-1 status
An applicant for change of nonimmigrant
status to F-1 may start attending school even before the application has
been submitted or approved, except for the following, who must
wait until their change of status application is approved by
USCIS:
- Nonimmigrants changing to F-1 from B-1 or B-2 status
- Nonimmigrants changing to F-1 from F-2 dependent status
(except in the case of F-2 minors studying at the primary or
secondary level)
F-1
employment not possible until change of status is approved
In all change of
status cases, no F-1 benefits are available, including any kind of
employment, until the student receives notice from USCIS that his or her
request for change of status has been approved.
Departure
from the U.S. while change of status is pending invalidates application
A nonimmigrant who
travels abroad while an application for change of status is pending is
considered to have abandoned the change of status application.
Department of Homeland Security (DHS) will deny the application if they
become aware of the departure.
Change from
B-2 to F-1 status
Requests for change
from B-2 status to F-1 status receive special scrutiny by USCIS. A
visitor in B-1 or B-2 status is not permitted to begin a course
of study until USCIS approves the change of status application.
Change from a
dependent status to F-1 status
In addition to the
required documents for requesting a change to F-1 status, an alien
wishing to change status from a nonimmigrant dependent (e.g., an F-2
spouse) must establish that he or she has been maintaining valid
dependent status. Since the status of a dependent depends upon the
status of the principal, he or she must provide evidence of the validity
of the status of the principal, including copies of the principal's Form
I-94 and any other status document.
For
more detailed information, please visit "How
Do I Get Permission to Change to a New Nonimmigrant Status? "
in the USCIS website.
Processing Dates for Applications and
Petitions
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Go to "Check-In after Change of Status
Approval" page |
