Do you, by any chance, have a valid U.S. visa? Would you be able to wish to continue your higher education in the U.S. in that case? To change the status to the student status in the United States involves applying a change of status. While this is one of the vital papers that so far the government has not issued, it is the form whereby one has to put down all his information. This guide explains how to change your U.S. visa status to student forme 1-539.
Eligibility Requirements and Required Information for Form I-539
Before changing your status to a student visa, ensure you meet the eligibility criteria. If you hold a valid nonimmigrant visa in the U.S. and have a clean record, you can apply for a status adjustment. However, not all applicants are eligible, and certain exceptions apply.
Individuals admitted under the Visa Waiver Program or as crew members cannot change their status. B-2 visa holders wishing to attend school must have an annotation indicating that intent on their visa, which the U.S. Consulate must provide in their home country. Without this annotation, the change of status process can become complicated, and you may need legal assistance to determine your eligibility.
Timing is Everything: Don’t Apply to Change Status Too Soon
If your B-2 visa indicates “prospective student,” it’s crucial to consider timing when applying for a status change. Applying for a change of status or green card within 60 days of entry may suggest intent to commit fraud. However, the notation of “prospective student” can help counter this presumption.
Currently, there are no set waiting times for Department of Homeland Security (DHS) officers. They will scrutinize applications closely if there are signs of misrepresentation. To avoid issues, wait at least 60 days after entering the U.S. unless you have a valid reason.
Your Current Immigration Status Must Be Valid in the U.S.
U.S. Student visa regulations allow you to enter the country within 30 days before your institution starts. Though you can join within 30 days before your institution starts, you must still maintain the current immigration status. Otherwise, it will deny the change of your status. You would likely have to file two applications with USCIS: one to extend the subject current status and the other to change it to student status. Though this method is time-consuming and expensive, it is the correct method to make sure that your application on Change of Status does not get denied.
Change of Status to F-1/M-1 Student
To switch to student status, you must proactively manage the following variations before pursuing the academic program (F-1) or vocational program (M-1) that aligns with your interests:
- Receiving a Form I-20: Initiate the processing of the change of status by receiving a Form I-20 from the school you are admitted to. One has to pay the SEVIS fee.
- Form I-539: This is perhaps the most important of the forms to chart your nonimmigrant status. USCIS mandates that you apply for approval and a second filing fee.
- Planning: If applying to academic programs, contact schools at least a year before an intended start date. Vocational programs may have different deadlines. If done earlier, it allows time for the school to issue any denials and appeals processes or to forward the application to USCIS for a Change of Status for you before your grace period ends.
- Review Your SEVIS I-20: Check for any mistakes on your SEVIS I-20; have it signed by the DSO. Stop if the process needs to be paused for corrections.
- File I-539: Complete the File I-539 contains mostly self-explanatory questions, but a few can be tricky.
Information About You: You don’t have to fill in any details.
- Type of Application: You should check the appropriate box: this will be that you are a new student status applicant. —F-1 or M-1 If applying for a change of status for accompanying family members.
- Processing Information: Fill in the program end date provided to you on your I-20.
- More About You, the Applicant: You may want to learn more about your passport, visa petition, and underlying immigration history. Please answer the following questions truthfully and consult legal counsel if you believe your answers may suggest a problem:
Evidence to be Submitted with Form I-539.
- You must submit some evidence as you apply.
- Copies of the bio pages of your passport (valid for at least six months from the date) are null.
- Original I-94 card, or I-94 printout from the CBP website.
- Documentation to demonstrate that you have remained in continuous lawful immigration status since the date of entry to the U.S.
- If the application is an extension to your current status, please attach the receipt copy of the file extension.
- Papers testifying that there is no intention to stay in the host country at the end of the period of stay of the student visa. The title deed of house ownership in the home country, letters from employers, or family certificates.
- Papers testifying to the educational level background earlier gained, degree certificate, and the results of any standing examinations.
- Proof of the individual having enough good financial standing and ability to pay for one’s tuition and fees, and living cost.
- If Applying to an English Program in the US, Describe, in your own words, how your program fits into your plans.
How We Will Process Your Request to Extend/Change Nonimmigrant Status,
You may submit Form I-539 electronically only if you are the individual applicant. All other submissions must be sent by mail to the USCIS Lockbox as specified below. For proof of mailing, consider using a courier service or mailing with a receipt. Note that your application for reclassification cannot be approved if submitted more than 30 days after your arrival in the U.S. It’s advisable to apply at least three months before your stay expires.
After You File Your I-539 Change of Status Application
Once you submit your application, USCIS will promptly issue a receipt notice, outlining the expected processing timeline. Additionally, they may require you to attend an interview as part of the application process.
- Important: If a student applies to change nonimmigrant status to F-1 from B-1, B-2, or F-2, a student may not start classes until this application to change status has been approved.
- Importance: A student who has timely filed and has a properly filed application is not accruing “unlawful presence” while awaiting a decision. The DSO will tell you if this is your case. We will postpone the new start date to the latest possible date allowed by USCIS standards, ensuring a smooth transition and avoiding any potential issues.
Options After Denial
- Reapplication: If your circumstances change and you believe you are now eligible for a change of status, you can submit a new Form I-539. However, you will need to pay the filing fee again.
- Motion to Reopen or Reconsider: In some cases, if you believe there was an error in the decision or if you have new evidence, you may file a motion to reopen or reconsider your case. Consulting with an immigration attorney is recommended to navigate this process effectively.
- Legal Advice: It is advisable to seek legal counsel from an immigration attorney. They can help assess your situation, review the denial notice, and guide you on possible next steps or alternative options.
Changing your status to that of a United States student is a critical matter that requires a comprehensive action plan and compliance with immigration laws. Success in this process is likely if you provide the proper documents at each step outlined in this guide. Research your options, maintain your current status, and when necessary, consult an immigration attorney for guidance.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an F-1 Student Visa or a B-2 Tourist Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
