Immigration Advising

Filing a Change of Status Application

NOTE: As of April 12, 2002, applicants in the B1/B2 Tourist/Business class may NOT begin school until after the Change of Status application has been filed and APPROVED by the U.S. Citizenship and Immigration Services.You are advised to review your decision, and seek the advice of the college International Student Affairs Office or an experienced immigration attorney. For specific information and to obtain the Form I-539 required to complete this procedure, see the U.S. Citizenship and Immigration Services home page at www.uscis.gov and click on the "forms and fees" section to find the form and complete instructions.

Your immigration status is your responsibility. College staff can provide advice and assist, but the decision and details related to the filing of a change of status application are the responsibility of the applicant. The decision to approve or deny an application is the decision of the U.S. Immigration and Naturalization Service, and applicants will need to comply with the results of the decision.

Background
A non-immigrant may apply for a change of status to another non-immigrant category if s/he has maintained his/her non-immigrant status while in the U.S. The non-immigrant must file the change of status application BEFORE his/her current permission to stay in the U.S. expires. A non-immigrant who has overstayed his/her legal stay is not eligible to apply for a change of status while in the U.S. Also, a non-immigrant who enters the U.S. on the visa waiver program is NOT ELIGIBLE to extend or change his/her status. The following procedure is for a non-immigrant who wants to change his/her status to F-1 student.

Procedure

1. The school's Designated School Official and/or the applicant should first determine whether the applicant has maintained his/her non-immigrant status while in the U.S., and if the applicant is therefore eligible to change his/her status in the U.S. Review the applicant's I-94 card to verify that the applicant has not overstayed his/her legal stay.
2. The prospective student must gain admission to the college or university, and receive the Form I-20 document from the college.
3. If the applicant is eligible to file a change of status application, collect the following items:

   Original Form I-20 issued by the school. Financial documentation showing that the prospective student has adequate funds for his/her study (submit photocopies of financial documentation equal to or greater than $18,510). A completed I-539 form (if the prospective student has dependents, their information should e included on the supplement) Photocopies of these pages from the applicant's passport: expiration date, passport number, page with visa and passport photograph. Photocopy of I-94 card (front and back)-include photocopies of dependents I-94 cards if they are included in the application. For J visa, H visa applicants, include proof of complying with current visa requirements, such as proof of employment, verification letter, etc. A personal check, cashier's check or money order made payable to the Department of Homeland Security for $290. Optional but recommended: A statement written by the applicant on why s/he wants to change his/her non-immigrant status. This may include information about what the applicant has done since entering the United States, and why the applicant has now changed their intended purpose. Pay SEVIS Fee of $200 and fill out Form I-901

4. Make photocopies of the entire application for the applicant's admission file at the college, and for the applicant's personal file before mailing. The application must be submitted while the applicant is in legal status, and before the expiration date of the current entry status as shown on I-94 card. It is recommended that the application be mailed by express, priority or certified mail, so the applicant has proof it was mailed. Mail all the items above to the U.S. Immigration and Naturalization Service at:
   
   USCIS California Service Center
   P.O. Box 10539
   Laguna Niguel, CA
   92607-1053
   
5. Student should receive a letter of receipt from USCIS within two to three weeks after submitting the application. The applicant can wait about 1-6 months for a response from USCIS depending on the processing time. Current processing time is two to six months. If the application is approved, the student will receive the I-20 Student copy back from USCIS with a stamp in the right hand corner indicating the date of approval. The student also will receive a new I-94 card indicating the new status, F-1, with permission to stay in the U.S. for duration of status. If the applicant's petition is denied, s/he would receive a letter to depart the U.S. within a certain time frame.

Issues
Travel-If the applicant is considering travel outside of the U.S. within a short time of applying for the change of status, s/he might want to consider traveling home with the Form I-20 document and evidence of financial support, and applying at a U.S. embassy or consulate for an F-1 visa. The student would then obtain F-1 status by entering the U.S. with valid F-1 visa and the Form I-20 document. There are several advantages; students who arrive with their F-1 visa in the passport can immediately seek on-campus employment and are eligible to obtain a social security number, which is helpful in obtaining a driver's license in the state of Illinois.

Timing of the application-The timing of an application to change from B-2 to F-1 status may affect the outcome. In section 3.8.3.1.4 of the Advisors Manual of Federal Regulations, it states "Change from B-2 to F-1 status," Courts have held that a rapid sequence of events following entry to the United States may demonstrate an individual's preconceived intent to be a student and that the individual did not, in fact, enter the country as a visitor. Consequently, individuals who enter the United States in B-2 status either having already applied to schools or carrying school records with them and applying shortly after entry will be denied a change to F-1 status. DSOs should so advise such individuals. Most of these individuals will want to consider temporarily leaving the United States, obtaining an F-1 visa at a consular office, and re-entering the country in F-1 status. Others who anticipate difficulty in re-entering the United States, or wish reassurance that they face no unforeseen difficulties, will want to discuss their circumstances with an attorney experienced in non-immigration law". If the USCIS suspects that the applicant's true intention was to enter the U.S. in order to go to school, they may deny the application, or send the applicant a questionnaire asking detailed information in order to determine when the student made the decision to attend school.

Employment-The prospective student may not begin employment until the change of status to F-1 has been approved. Students approved for legal F-1 status are eligible only for on-campus jobs for the first year. Off-campus employment is allowed only in specific circumstances usually related to the practical training experience in the degree program area.

Visas-Applicants who are approved for a change of status are in "F-1 visa student status;" however, they do not receive an actual visa from the USCIS, but are permitted to extend their stay as students. A person approved for a change of status who then wishes to travel outside the U.S. must include plans to return to the home country to obtain the F-1 visa at the U.S. Embassy. A student visa can only be obtained outside the United States at an American Embassy. Bring proof of finances, the approved Form I-20, and some verification of the current legal status, such as a letter from the school's Designated School Official.