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SEVIS I-20
General:
The preferred way to change your non-immigrant status is to return to your home country and request a new visa at the United States Embassy or Consulate. If approved, the visa stamp will be placed in your passport and you will be able to travel freely. If travel is impossible, you may request that your status be changed by filing paperwork with the USCIS (United States Citizenship and Immigration Service). However, this process could take as long as 6 months or longer, and you might not be permitted to study or work while the application is pending. In addition, the change of status process results in a change of status only-you will not be given a new visa stamp in your passport. Therefore, if you wish to travel outside the United States and re-enter, you will still need to request the correct visa at a United States Embassy or Consulate.
If you file an application to change status with the USCIS, you are legal to stay in the United States while the application is pending, even if the application has not been decided upon by the time your original status expires. Your passport must be valid for at least six months after the application is mailed. If the change of status application is denied, the USCIS may either permit you to continue in your original status (if it has not expired) or instruct you to leave the country. If you have to depart the United States, then you may be able to re-enter after obtaining the correct visa at a United States Embassy or Consulate.
Change from F-2 to F-1:
Current regulations prohibit non-immigrants holding F-2 status from study, except for part-time avocational (hobby) study. F-2 holders wishing to study and earn a degree or certificate must change status to F-1 either by obtaining a new visa or applying for change of status. Taking classes before obtaining F-1 status could result in the application being denied. To apply, submit:
- Completed Form I-539
- $300 fee by check written to USCIS
- New original Form I-20 issued by the school you plan to attend, and copies of all previously issued I-20s.
- Copy of financial statement used for issuance of I-20. Must be in English.
- Letter explaining change of intent/circumstances
- Copies of front and back of the I-94, passport name page, and visa
It is not recommended to study unless and until the change of status has been approved.
Change from F-1 to F-2:
Students changing from F-1 to F-2 status will not be required to study full-time once the change is approved, but they will no longer have F-1 benefits such as permission to study, be employed on campus, or Optional Practical Training. To apply, submit:
- Completed Form I-539
- $300 fee by check written to USCIS
- New original I-20 issued by the F-1 principal's school, and copies of any previously issued I-20s.
- Copy of financial statement used for issuance of I-20. Must be in English.
- Proof of family relationship to F-1 principal.
- Letter explaining change of intent/circumstances
- Copies of front and back of the I-94, passport name page, and visa
It is recommended that students maintain their full-time study until the change to F-2 is approved. In case of denial, the student would then be able to remain in the United States in F-1 status. If the student permits the F-1 status to expire by dropping below a full course of study, upon denial, the USCIS will request the student to leave the United States.
Change from F-1 to B-2:
A change to B-2, or tourist status, would permit a student to remain in the United States temporarily without the requirement of full-time study. An example is a student who completes their program of study, but wishes to remain to travel or participate in a later commencement ceremony. To apply, submit:
- Completed Form I-539
- $300 fee by check written to USCIS
- Copy of financial statement indicating how you intend to pay your expenses
- Copies of all previously issued I-20s
- Copies of front and back of the I-94, passport name page, and visa
- Letter explaining change of intent/circumstances.
Change from B-2 to F-1:
This is the most closely scrutinized type of change of status. The reason is that there is a perception that it is easier to obtain the B-2 visa and enter the United States to study. However, the USCIS and the State Department have made it clear that non-immigrants must enter the United States with the visa that most closely reflects their true intent. If a B-2 visa holder applies for a change of status to F-1 within 30 days of entering the United States, the USCIS will assume that the non-immigrant always intended to be a student and obtained the wrong visa. The application for change will be denied. If a B-2 visa holder applies for a change of status within 30 to 60 days of entering the United States, he or she must show compelling reasons for why his or her intent changed. If a B-2 visa holder applies for a change of status 60 days after entry or later, then it is considered more reasonable that the non-immigrant has changed his or her mind and approval is more likely. Current regulations prohibit B-2 holders from study except for part-time avocational (hobby) study. Taking classes before receiving notice of approval for F-1 status could result in a denial of the application.
If the B-2 visa has a "prospective student" endorsement, and intent was declared at the Embassy and the port of entry that the non-immigrant wishes to visit, interview for, or apply at a school, then there should be no problem with a change of status to F-1.
To apply, submit:
- Completed Form I-539
- $300 fee by check written to USCIS
- Original Form I-20 issued by the school you plan to attend
- Copy of financial statement used to issue the I-20. Must be in English.
- Copies of front and back of the I-94, passport name page, and visa page.
- Letter explaining change of intent/circumstances
What the letter should say:
- When you applied for the B-2 visa, what did you tell the visa officer was your purpose of your visit to the United States?
- At the port of entry into the United States, what did you tell the Border Official was the purpose of your visit?
- How and on what date did you make your decision to study in the United States?
- When did you first contact the school and on what date were you admitted?
- How will your United States education help you in your home country?