Change of Status

To change the purpose of your visit while you are in the United States, you (or in some cases your employer) must file a request with USCIS, on the right form, before your authorized stay expires. For example, if you arrived as a tourist but want to become a student, you must apply for a change of status. You cannot apply to change to a different non-immigrant category, like student, until you have been in the U.S. for 90 calendar days.

In general, you may apply if you were lawfully admitted with a non-immigrant visa, your status is still valid, you have not violated its conditions, and you have not committed any crime that would make you ineligible.

You do not need to apply if you were admitted for business (B-1) and want to stay for pleasure before your authorized stay expires, or if you want to attend school and are the spouse or child of someone currently in the U.S. on a non-immigrant visa.

Overview. F-1 student status is for students who intend to study full time in the U.S. If you are in the U.S. as a temporary worker, diplomat, exchange visitor or another non-immigrant classification (except a visitor in WT or WB status) and want to change to F-1, follow the procedures below. In general, non-immigrants who maintain lawful status may apply. Those subject to the Section 212(e) two-year home residency requirement, and those in WT or WB status, are not eligible. Those in F-2, B-1 or B-2 status may apply but cannot enroll in classes until USCIS approves the change.

Processing times for form I-539 change-of-status applications are posted at egov.uscis.gov/processing-times. We encourage all students to work closely with their designated school official (DSO) to plan the timing of the application and enrollment.

You can apply to change from B-1/B-2 to F-1 or M-1 if all of the following are true:

• You have not yet enrolled in classes.
• Your current status has not expired and you have been in the U.S. for 90 days.
• You have not worked in the U.S. without employment authorization.

To change your status you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with the required fee and documents. If a decision has not been made, your F-1 program is deferred to the next term.

• If you enroll in a course of study before your I-539 is approved, you become ineligible to change from B-1/B-2 to F-1.
• If you ask to extend B-1/B-2 status after enrolling, your request will be denied because you violated your status.

If you are not eligible to change your status inside the U.S., you may apply for an F-1 or M-1 visa at a U.S. consulate. See state.gov/travel for consular processing, ice.gov/sevis for the Student and Exchange Visitor Program, and studyinthestates.dhs.gov.

To qualify for F-1 status you must be enrolled in a full-time program at TLC and have an I-20. To get one:

Once we have these documents, the office prepares your I-20 within 1–2 business days. You then change to F-1 status either by travel or by application to USCIS on Form I-539, and we give you complete instructions for either route.

You may change your status by leaving the United States and re-entering in F-1 status, which requires a valid F-1 entry visa.

• If you were previously in lawful F-1 status at another U.S. school, have a valid F-1 visa, and have been out of the U.S. for no more than 5 months, you can keep using that visa, even if it was issued for your previous school.
• If you have been out of the U.S. for more than 5 months, you need a new F-1 visa even if your current one has not expired.
• If a consular officer cancelled your F-1 visa, or you have none, apply for one at a U.S. Consulate.

When you arrive, bring your passport, your I-20 from TLC, supporting documents such as your admission letter, and your financial documents. At the port of entry, present your passport open to the F-1 visa page and your I-20. If everything is in order, the officer admits you in F-1 status by stamping your I-94 “F-1 D/S”.

You may also apply to USCIS for a change of status. USCIS must receive your application no more than 30 days before or after the start date on your I-20. You will need:

• A completed Form I-539.
• Photocopies of your I-94 showing your status and the date you must leave the U.S. If USCIS denies your application, be prepared to leave when your current status expires.
• A copy of your TLC I-20, signed at the bottom of page 1.
• Copies of your financial documents.
• A photocopy of your passport identification page. Do not send your passport to USCIS.
• A bank check, money order or personal check payable to U.S. Citizenship and Immigration Services for the $470 fee (USCIS does not accept cash). The fee includes any dependents changing status with you.
• Proof you paid the $350 SEVIS fee. Pay it online with Form I-901 at fmjfee.com.
• A letter explaining why you request the change. This is extremely important. It should clearly explain your current status, your plans to study at TLC and your long-term plans.

F-1 is a non-immigrant classification, so your letter must show that you keep ties to your home country, such as residence, an expected job offer or family. USCIS often asks for documents proving them, so be ready to provide them.