Changing Non-Immigrant Status in the United States
With certain exceptions, an alien already in the United States in nonimmigrant status can apply for a change to F-1 status. These exceptions are:
- M-1 students C, D, and K nonimmigrants
- J-1 physicians admitted to receive graduate medical education/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
The USCIS determination of eligibility for change of status to F-1 consists of two levels of inquiry:
- Eligibility for F-1 status itself
- Eligibility for change of status in general
Instructions:
- Check or money order for $290, made payable to the Department of Homeland Security or U.S. Citizenship and immigration Service. If someone else writes the check, make sure your name is somewhere on the check.
- Properly Filled I-539 form, Application to Change/Extend Immigration Status
- Original I-20 (the entire form)
- Proof of payment of the SEVIS I-901 fee (http://www.ice.gov/sevis/i901/)
- Original form I-94, Arrival/Departure Record
- Photocopy of current immigration status documents, visa stamp, and passport ID pages
- Photocopy of financial support documents (same financial support information used to obtain the I-20 from the school)
- If applicable, dependent family member(s) 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, and documentation showing the validity of their current immigration status, including their Forms I-94, should be included
- Letter from the student. Although optional, 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.
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; and
- 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)