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HomeImmigration StatusF-1 StudentChange of Status to F-1

Change of Status to F-1

  • Overview


    Change of Status Overview

    A change of status is required when your purpose for being in the U.S. no longer corresponds with the terms of your current visa type. If you are currently in the U.S. on another visa and wish to change to F-1 status, it is important to note that you will still need to apply for an F-1 Visa if you choose to travel outside of the U.S. and reenter.

    Individuals with any nonimmigrant status except for C, D, K, or M (and in some cases J), and those who did not enter the U.S. under the Visa Waiver Program, are eligible to apply for a change to F-1 status if they have maintained lawful nonimmigrant status until their application time.

    Individuals with J status who are subject to the 212(e) two-year home country physical requirement cannot change status within the U.S. unless they have obtained a waiver.

    Additionally, nonimmigrants in A, G, or NATO status must first complete Form I-566 and have it properly endorsed by their foreign mission in the U.S. and the Department of State before applying for a change of status.

     

    		 Change of Status Within the U.S. Travel & Re-Entry
    Advantages
    • Stay in the U.S. during processing.
    • Does not require a visa interview or application. (Visas are only issued outside the U.S.)
    • Faster than changing status in the U.S.
    • Obtain the visa stamp in your passport and the status associated with the new visa
    Disadvantages
    • Lengthy processing time (8-12 months). May restrict access to enrollment, employment, tuition waivers, etc...
    • May not depart the U.S. during processing.
    • Visa stamp will be required upon next departure and re-entry to the U.S. (except for trips under 30 days to Canada or Mexico)
    • Requires extensive documentation. If denied, you must depart the U.S. immediately.
    • Possibility of visa processing delays
    • Expenses of international travel

     

  • Change of Status Within the U.S.


    Change of Status Within the U.S.

    A change of status within the U.S. is processed through the United States Citizenship and Immigration Services (USCIS). Students who choose this option will NOT depart the U.S. Instead, they will pay a fee to USCIS and complete an application including a Form I-20 or DS-2019 from SBU and the I-539 form. We recommend students check the current processing times in order to appropriately time the submission of their change of status application and avoid possible delay in studies and/or employment.

    While it is recommended that you work with an Immigration Attorney, we have provided some helpful resources to assist you throughout the process.

    General eligibility requirements for change of status inside the U.S. include:
    • You were lawfully admitted to the United States in a nonimmigrant status;
    • Your nonimmigrant status remains valid and is valid at the time of filing for a change of status;
    • You have not violated the conditions of your current status; you have not committed any crimes or engaged in any other actions that would make you ineligible for change of status.

    VIS will determine your eligibility for a change of status within the U.S. after we review the details of your case. If you are interested in exploring this option, please contact VIS to request an appointment with an International Student Advisor. If VIS determines that you are eligible for a change of status within the U.S. we can provide general information and issue your Change of Status form I-20., however we strongly recommend that you retain an experienced immigration attorney to review your application before submitting it to the USCIS. Due to the complexity of the change of status process, VIS cannot review your complete I-539 application.

    If you were previously a J-1 Exchange Visitor or J-2 dependent and were subject to the Two-Year Home Country Physical Presence Requirement (INA 212e), then you are not eligible to change your status inside the U.S. unless you have fulfilled your 2 year obligation or have an approved waiver of this requirement.

    application Process

    Step 1. Request a 'Change of Status' I-20
    Step 2. Pay the SEVIS Fee
    Step 3. File the I-539 with USCIS
    Step 4. Update VIS upon receiving a decision from USCIS

    Studying while change of status is pending

    F-2 Status: Individuals in F-2 status, except for children in elementary or secondary school, cannot study full-time. However, they are eligible for part-time study. Upon approval of a change of status to F-1, full-time enrollment becomes mandatory.

    B-1, B-2, W/B, W/T Statuses: Those in B-1, B-2 (including those with a visa annotated “prospective student”), W/B, or W/T statuses are not allowed to enroll in a course of study until USCIS approves their change of status to F-1 application.

    Other Eligible Statuses: If your current status permits full-time studies in the U.S. (e.g., J-2, H-4, and other dependents), you can start classes before your change of status application is approved. However, employment under F-1 status (CPT/OPT) is not allowed until after your application is approved, and you have received authorization from our office or USCIS.

    For questions about studying while your change of status is pending, please consult your VIS advisor.

    Nonimmigrants: Who Can Study?

    Employment Issues

    Students applying to change their immigration status are not eligible to work on campus until they have received the change of status approval notice from USCIS. This means students are not able to accept Teaching or Research Assistantships (TA or RA) until the change of status approval has arrived. Students who are unable to accept their TA or RA may be responsible for paying their own tuition and health insurance and are advised to discuss this situation with their hiring department.

    Please consult with a VIS advisor if you have questions about working while your change of status is pending.

    ADDITIONAL Considerations

    If your current status is linked to a parent or spouse
    Changing your address
    Gap in status
    Withdrawing your COS application
  • Change of Status Through Travel & Reentry


    Change of Status Through Travel and Reentry

    The alternative method of changing to F-1 status is through travel and reentry. In this case, you would depart the U.S. and then apply for an F-1 visa at a U.S. Embassy abroad, preferably the local consulate in your home country.

    If your F-1 visa application is approved and an F-1 visa is issued, you can reenter the U.S. using your I-20 and F-1 visa. At the port of entry, your electronic I-94 will be updated to show your status as F-1 and the "Admit Until Date" as D/S, which confirms F-1 status.

    Please note that Canadian citizens are exempt from the requirement of having an F-1 visa to reenter the U.S. in F-1 status. However, travel and reentry is still required for Canadian citizens to obtain F-1 status.

    For further information about travel and reentry and/or visa applications, refer to the U.S. Department of State website

    APPLICATION PROCESS

    Step 1: Request an Initial I-20
    Step 2: Depart the U.S. and schedule a visa appointment
    Step 3: Pay the SEVIS Fee.
    Step 4: Return to the U.S. in F-1 status.
    Step 5: Complete the F-1 International Student Check-In

    IMPORTANT CONSIDERATIONS

    • The U.S. Embassy may require administrative processing of your application. This can be a timely process that cannot be expedited by Visa & Immigration Services.
    • Applying for a visa status of any kind is always a risk. VIS cannot guarantee approval of your request for an F-1 visa.

 

F-1 Student
F-1 Student