Change of Status
It is possible to apply to USCIS for a change of status in the U.S., however, even when approved, it only updates your status while you are here – if you travel, you must still apply for a visa in order to be able to return in the new status, and some consulates look at change of status applications as an indication that the person is not maintaining ties to their home country (which is a requirement for both F and J statuses). There may also be a long wait for approval, during which time you cannot study or work.
The basic process for change of status to F student status is here: https://studyinthestates.dhs.gov/students/complete/change-of-status
In general, the application consists of:
- Form I-539, Form I-539 filing fee
- Copy of valid and properly executed Form I-20 for change of status
- Proof of payment of the SEVIS I-901 fee https://fmjfee.com/i901fee/index.html#
- Copy of Form I-94 record
- 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.
- Copies of financial support documents. This should be the same kind of financial support information used to obtain your I-20
- Letter from the student explaining why they want to change status to F-1.** This is optional but recommended, as a strong letter can help convince USCIS of the student's temporary intent and persuade USCIS that the student did not have a pre-conceived intention to study in the United States.
- Premium Processing Form I-907 and fee, if using. For changes of status, USCIS takes adjudicative action within 30 days for premium processing applicants.
The application is submitted to USCIS online or via mail, if you are not eligible for online application. If mailing a physical application:
- Make file copies of all documents before sending to USCIS
- Mail the package to the correct USCIS filing address, or file the I-539 and supporting documentation online, if eligible.
- If filing by mail, use a receipt-based mailing option such as certified mail, or a express delivery service like FedEx, DHL, etc., so that there will be evidence that the documents were received by USCIS.
- To check eligibility to file online, USCIS Page: Check Your Eligibility to File Form I-539 Online .
The "90-Day Rule" Applicants who apply for a change of status within 90 days of entering the U.S. face an additional assumption that they made a "willful misrepresentation of intent” during their visa application process and/or at the point of admission into the U.S. It is common for change of status applications to be denied for that reason. It is important to understand that USCIS is generally not supportive of applicants for a change of status who appear to be doing so in order to circumvent the consular visa process, and when a nonimmigrant is successful in changing their status in the U.S., the Consulates are equally suspicious of their original travel intent and may also assume the applicant tried to avoid getting the correct visa, and may deny future visas for the new status.
Changing your visa status is complicated. It is a personal decision just for you that can impact your ability to stay in the USA in the future. While we can provide the mechanical steps of changing your status, we cannot give you legal advice on your case. This is your private decision. We do recommend that students consider the services of an immigration attorney for Change of Status, if you need help understanding how it will impact you and your family. Attorneys can more fully explain the risks in comparison to leaving and re-entering the US, assist you with preparing evidence, and assist you if you are required to provide additional information after your initial application.
