Change of Status

It is possible to submit an application to the United States Citizenship and Immigration Services (USCIS) to request to change from one status to another. For example, someone May want to change from F-2 to F-1. There are 4 primary parts of every change of Status application. The fifth part only applies to dependents (F02, J-2 H-4, etc).

  1. Fee $195 (Note: for current fees, please visit: (Immigration Forms at U.S. Citizenship and Immigration Services)
  2. Application Form I-539 (http://www.uscis.gov/files/pressrelease/I129_I539Filing030507.pdf)
  3. Evidence applicant is eligible for the requested status
  4. Evidence applicant is maintaining current status at time of application
  5. If applicant's current or requested status is dependent on someone else's status, it is necessary to show that person is also maintaining status. (For example, an F-2 status if derivative of an F-1 status; therefore, the F-1 must maintain status in order for the F-2 to be in status).

It is important to understand that one is NOT applying to change VISAS but to change status. Please read "Visa versus Status" for further explanation of the difference. If a change of status is approved, the applicant will not receive a new visa, but rather a new status. The applicant is eligible for all the benefits of the newly approved status; however, if the applicant travels outside the U.S., it is necessary to obtain a new visa while abroad in order to re-enter with the newly acquired status.

The DSO would be happy to review your application before you submit it to USCIS. Please call IPSO receptionist at 620-235-4679 to make an appointment.

 

Change of Status from B-2 to F-1

Please Note

It is very difficult to get such a change of status approved unless you have a "Prospective Student" notation in your passport or on your I-94. The burden of proof is on the applicant to prove to the United States Citizenship and Immigration Services (USCIS) that he or she did not intend to become a student until after his/her arrival in the U.S. The prospective student must convince INS that something happened after arriving in the U.S. to change the visitor's mind to become a student. If USCIS has any indication that the prospective student intended to be student before arriving in the U.S., but entered falsely on a tourist visa, the change of status will be denied. Length of time in the U.S. before applying for a change of status seems to be a key factor.

Where to Apply

Applications should be mailed to the appropriate USCIS Regional Service Center. For residents of Lawrence, applications should be mailed to:

USCIS Nebraska Service Center
PO Box 87539
Lincoln, NE 68501-7539

How to Apply

The Nebraska Service Center prefers applications to be assembled in the following order:

  1. $195 (check or money order payable to USCIS (formerly INS/BCIS))
  2. I-539 (http://www.uscis.gov/files/pressrelease/I129andI539filing_033007.pdf)
  3. New, original SEVIS I-20 (all 3 pages) -- sign #11 on page 1
  4. Affidavit financial support
  5. Personal letter explaining your request (address questions on reverse side)
  6. Supportive evidence of no prior intent to be a student
  7. I-94 (small white card) - most of the time a photocopy will be sufficient
  8. Photocopy of visa used to enter the U.S.
  9. Photocopy of photo ID page in passport of applicant

As always, it is recommended that you retain copies of all documents sent to and received from the USCIS. You may also consider sending the application in a traceable manner such as certified and return receipt.

Suggestions for Personal Letter

When writing a personal explanation and assembling evidence you should be sure to address the following set of questions:

  1. Where and when did you apply for your visitor's visa?
  2. Specifically, what information was given to the American Consulate when you obtained your tourist visa as to the purpose of your trip to the U.S.?
  3. Did you indicate to the American Consulate official or to the immigration inspector at the port of entry that you might want to study in the U.S.?
  4. When you arrived at the port of entry in the U.S. and applied for entry as a visitor, what did you tell the inspector as to the purpose of your visit to the U.S.?
  5. How and on what date did you arrive at your decision to study in the U.S.?
  6. How and on what date did you first contact the school as to your desire to enroll as an international student? (document with a copy of your dated application for admission)
  7. On what date were you informed by the school that you had been accepted for admission? (document with your dated letter of acceptance)
  8. Did you bring the documents necessary for admission to the school with you or were they mailed to the school from abroad by you?
  9. If your intent to attend school in the U.S. was before your entry into this country, why didn't you apply for the appropriate student visa from the American Consulate in your home country rather than a tourist visa?
  10. Have you been in the U.S. before? If yes, please state when, for what purpose and how long did you stay.
  11. Do you have any relatives in the U.S. and if so, what types of visas are they here on?
  12. How long have you been here as a tourist?
  13. What types of tourist things have you engaged in since your arrival? (document with ticket stubs, etc.)

 

Change of Status from F-1 to F-2

Send the following documents to:

USCIS Nebraska Service Center
PO Box 87539
Lincoln, NE 68501-7539

  1. $195 (check or money order payable to INS)
  2. I-539 (http://www.uscis.gov/files/pressrelease/I129andI539filing_033007.pdf)
  3. New, original SEVIS I-20 (all pages) in spouse's name with applicant's dependent info - have spouse sign item #11 on pages of 1 and 3
  4. Affidavit financial support (showing enough funds for BOTH husband & wife)
  5. Photocopy of applicant's SEVIS I-20
  6. Original F-1 I-94
    (6. Photocopy of front & back of applicant's F-1 I-94 (not original as instructions say))
  7. Photocopy of applicant's visa used to enter U.S.
  8. Photocopy of photo ID page in passport of applicant
  9. Perhaps verification of maintenance of applicant's F-1 status
  10. Photocopy of spouse's F-1 I-94
  11. Photocopy of spouse's F-1 visa used to enter U.S.
  12. Photocopy of spouse's photo ID page in passport
  13. Perhaps verification spouse is considered in F-1 status
  14. Proof of husband/wife relationship

As always, it is recommended that you retain copies of all documents sent to and received from the USCIS.

You may also consider sending the application in a traceable manner such as certified and return receipt.