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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
-
Form I-539 and fee
- Application to extend
or change nonimmigrant status. The student should
complete the entire form and sign it.
- The proper fee, in the
form of a check or money order
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- Original I-20
- The student should
submit an original Form I-20 (the entire form); The
student and DSO should sign the form where required.
- The SEVIS record
should be created with I-20 issuance reason: "Initial
attendance - change of status requested."
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- Proof of payment of the
SEVIS I-901 fee
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- Form I-94: original
- Form I-539
instructions state that the original I-94 must be
submitted for change to F-1 status.
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- Copies of current
immigration status documents, visa stamp, and passport ID
pages
- At issue is whether or
not the individual is in status at the time the change
of status is being requested. 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.
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- Copies of financial
support documents
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- 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 their Forms I-94,
should be included. Form I-539 now states that the
original I-94 must be submitted, although some advisers
report that some Service Centers accept copies.
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- Letter from the student
- 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.
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- Mail to the
correct USCIS filing address
- Make file copies of
all documents before sending to USCIS. Use a
receipt-based mailing option such as certified mail, so
that there will be evidence that the documents were
received by USCIS.
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For U.S. Postal Service (including US
Postal Service Express mail):
USCIS
P.O. Box 660166
Dallas, TX 75266
For Express mail and courier deliveries
(e.g. UPS, Fed Ex, DHL, etc):
USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067
- Applicants filing a Form I-539
at a USCIS Lockbox facility may also elect to receive an e-mail
and/or text message notifying them that their application has
been accepted, by completing an
E-Notification of Application/Petition Acceptance(Form
G-1145), and attaching it to the first page of their
application.
*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.

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