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.
Eligibility Requirements and Required Information for Form I-539
Do you qualify to extend your stay and change your status in the U.S.? But before you undergo all the hassle of changing your status to that of a “student,” you better ensure that you meet its eligible criteria.
If you are a nonimmigrant visa holder in the U.S. with a valid visa and a clean record, you can take the initiative to apply for a status adjustment, but be aware that certain exceptions may apply, and not all applicants will be eligible to change their status.
First, a person admitted under the Visa Waiver Program or as a crewman is not eligible to apply to change to another status. B-2 who wants to come to the United States to attend school will have to have an annotation placed on his visa showing that intent. Of course, the U.S. Consulate must place that annotation in the visa holder’s home country. Failure to do so can complicate the change of status process— and you may require expert legal assistance to determine your eligibility.
Timing is Everything: Don’t Apply to Change Status Too Soon
If the notation “prospective student” does appear on your B-2 visa, you have many needs to time when you apply to change status. The representation within the “60 days” rule indicates the intention to commit fraud—in this case, assuming one applies for a change of status or a green card within 60 days of entering the US. The presumption can be rebutted if a notation indicates that the individual entered as a “prospective student.” At the moment, there exist no designated waiting times for officers of the DHS, who shall be looking all the more closely at applications if there is, in fact, the barest hint of misrepresentation to game the system. Wait at least 60 days after entry unless there is any reasonable cause.
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,
We allow you to send this form electronically only if you are an individual or an applicant on your own. All others preparing to file Form I-539 may do so only by mail with the USCIS Lockbox as directed below. If you wish to have proof that you did mail your application, send it using a courier service or mail it with a receipt. Your application for reclassification will not be approved 30 days after you arrive in the U.S. However, it will not be best to apply after the expiration of your stay. A good practice is to cover at least three months before the expiration of the stay.
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.
This is such a sensitive and critical matter of changing your status to that of a United States student, and as such, you must accompany it with a well-examined action plan with mandatory requirements to comply with immigration law. The change of status will almost definitely be successful if the proper documents are provided for each step, just as in this guide. Be sure to research, and maintain your status, and when the time is right, contact an immigration attorney regarding this important process. An immigration attorney is on standby; contact us for more information or for any information that might be directly related to you. The process of studying in the United States presents numerous opportunities for many people. If one is well-prepared, it is amusing and filled with lots of benefits. Best wishes for an amazing academic journey on your way to that great, bright world of opportunity.
