Change to F-1 status in the U.S.

 

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
  • 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."
  • Form I-94: original
    • Form I-539 instructions state that the original I-94 must be submitted for change to F-1 status.
  • 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.
  • 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.
  • 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.
  • 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.
  • Certified translations for foreign language documents

    Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.  The certification format should include the certifier's name, signature, address, and date of certification.  A suggested format is:

    Certification by Translator

    I     typed name    , certify that I am fluent (conversant) in the English and                      languages, and that the above/attached document is an accurate translation of the document attached entitled                       .

     

    Signature                                                        
    Date                                          Typed Name
                                                      Address

     
  • Mail to Dallas Lockbox filing addresses:
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:

  1. Nonimmigrants changing to F-1 from B-1 or B-2 status
  2. 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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Go to "Check-In after Change of Status Approval" page

 

 

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