WHAT IS A CHANGE OF STATUS?
When you came to the United States you had a particular reason or purpose. Maybe you came in as a tourist, for business, or to accompany another family member. That purpose is called your "principal activity" or "status." When you arrived at the airport, the immigration inspector recorded your purposes (status) and a date to depart (or D/S) on a white card (I-94) that was stapled in your passport.
Now, however, your purpose for being here may have changed. Perhaps your aunt or friend told you that you should think about going to school here, or you completed your company's business and are thinking about getting a graduate degree. Or your principal activity may be ending because you're thinking about leaving your job and returning to school.
If your principal activity, reason or purpose for being in the U.S has changed or ended, and you want to stay in the U.S. because you have a specific educational or professional objective you want to pursue full-time, you will need to change your status to F-1 student to remain here lawfully.
WHAT ARE THE RULES?
You must have a status that the law allows you to change. U.S. laws do not allow persons who hold the following statuses to change: C, D, some J's, K, M, N, S, WB, WT. A and G statuses must first complete a Form I-566 and get approval from the Department of Homeland Security before a change of status application can be sent to USCIS.
You must be here lawfully:
1. The date on your I-94 cannot have passed (unless you submitted another change of status or extension application before it expired).
2. You must still be engaging in the activity that brought you the U.S. Some application will require evidence of this.
You must be accepted for a full course of study and have the financial ability to support the costs of living and studying in the U.S.
Those with B status (other than B-2 "Prospective Student") must show that they did not intentionally apply for the wrong visa or deliberately enter the U.S. in the wrong status. Any evidence that you may have, that will prove to the USCIS that you were here as a tourist or business-person will be helpful to your application.
Those with B-2 status who did not obtain "Prospective Student" visas, should not apply for a change of status until after having been in the U.S. for at least three months.
CHANGE OF STATUS IS NOT A CHANGE OF VISA!
A change of status is not a change of visa. You can only get a visa at the American embassy or consulate in your home country. If USCIS approves your application, you may stay in the U.S. and study as long as you follow the rules. The next time you want to go home you will need to get an F-1 visa to re-enter the U.S.
INFORMATION ABOUT PROCESSING
The international student services will mail your application to USCIS, certified mail, return receipt requested.
USCIS will take about 60 - 90 days to review your application and reply directly to you. Sometimes USCIS will request additional information from you.
Travel outside of the U.S. before receiving an answer from USCIS automatically cancels your change of status application. To re-enter the U.S. you will need a new I-20 and must apply for the F-1 visa if you plan on entering the U.S. as a student.
CHECK LIST FOR APPLICATION
(print checklist)
1. ORIGINAL I-20
2. COMPLETED I-539 (please print)
3. ORIGINAL I-94
4. COMPLETED AFFADAVIT OF SUPPORT
5. ORGINAL COURSE SCHEDULE OR PROOF OF TUITION PAYMENT OR BURSAR'S RECEIPT (EXCEPT B1/B2)
6. $300 FEE
7. PROOF THAT YOU HAVE PERMANENT RESIDENCE IN YOUR HOME COUNTRY
8. A AND G STATUSES ONLY: APPROVED I-566 (please print)
9. F1 TO F2 MUST ATTACH COPY OF MARRIAGE CERTIFICATE