Although extremely difficult, it is possible in some instances for students to change to F-1 status within the United States if they meet certain criteria listed below.

 

Note: Students who entered the country with nonimmigrant B, C, D, K, or M status, or those who entered the U.S. under the Visa-Waiver Pilot Program (the agreement between the U.S. and approximately 13 countries which allows their citizens to enter the U.S. without a visa and stay for 90 days or less in WT or WB status) cannot change to F-1 status within the U.S.  In addition, those in J status with the two-year home-country physical-presence requirement may not apply for this change.

 

Required documents for a change for F-1 status

1. The form I-20 signed by student and designated school official after completing Admission steps.
2. The form I-539 marking “F-1” in Part 2, 1.b.
3. Copy of the financial guarantee that was provided to obtain the I-20.
4. Copies of both sides of the I-94 in his/her passport.
5. A check for $190.00 made payable to the United States Immigration and Naturalization Service (plus $20 for each dependent.)
6. The student should also include other relevant documentation that might increase the chances of his/her request being approved.  A letter explaining the reason for the request of change helps.

Before mailing these documents the DSO should make copies for the school’s files.

 

The documents (I-20, completed I-539, copy of I-94, check for $140.00, proof of financial support plus any other documents verifying status in the U.S. such as copies of IAP-66 showing not subject to the 2-year foreign residency requirement or copies of spouse’s I-20, etc.) should be mailed to the Texas Service Center for adjudication. DSOs may decide to mail these for the students or ask the students to mail the documents themsel the change of status.  It will include a perforated I-94 that should be kept with the passport as proof of change of status.  In addition, the I-20 Student Copy (page 3 and 4) will be returned with INS approval in the upper-right corner.

 

Special Concern: B-2 (tourist) to F-1

If the applicant has the words Prospective Student written on the tourist visa (B1-2), there should make it easier to request the change status.  A copy of the visa should be included in the application package.  In all other situations, the applicant must document that he/she did not intend to go to school when entering the U.S. because it will appear to INS at he/she was not truthful with the visa officer and/or the INS official at the port of entry.