Broadly speaking, if you came to the U.S. on a nonimmigrant (temporary) visa, didn't violate its terms and it hasn't expired, and you are potentially eligible for the next type of status you have in mind, you can likely request a change of status. Nevertheless, not everyone who entered the U.S. on a visa or by some other legal means is eligible to change status here, whether to student or to some other category.
If, for instance, you entered the U.S. either on the Visa Waiver Program (VWP; also sometimes called "ESTA") or as a crewman, you cannot submit a change of status application. (For details, see Came to the U.S. on the Visa Waiver Program: Can I Change to M-1 Vocational Student Status?)
If you entered as a tourist (on a B-2 visa), you should have, before departing your home country, asked for and received from the U.S. consulate a special notation on your visa indicating that you would be looking at and possibly applying to schools while in the United States.
If you did not receive this "prospective student" notation, you can still apply to change your status in the United States, but the process might be difficult. You will have to prove why you are now deciding to stay for school when your original intent was just to visit. If in doubt, consult an attorney over your ability to change status.
If you did not get the "prospective student" notation in your B-2 visa, be careful about the timing of a request to change status. Officials from the Department of State (or DOS, which handles immigration matters at embassies and consulates abroad) have adopted a so-called 60-day rule.
That rule creates a presumption of misrepresentation if you enter the U.S. in one visa category but then apply to change to another visa category (or apply to get a green card) within 60 days of your U.S. entry. That is to say, if you apply to change status quickly without a good reason, officials will conclude that you lied about the reasons you came to the United States.
The prospective student" notation would qualify as good reason, and you could likely avoid this presumption. Officials from the Department of Homeland Security (DHS, which handles immigration matters within the United States) do not have an official rule on this topic, but still check for possible misrepresentation when reviewing requests to change status. For most people, it's best to wait at least 60 days after entering the United States to submit any change of status request (unless you have the "prospective student" notation).
Immigration rules for student visas indicate that you can enter the U.S. on a student visa up to 30 days before your school begins. Immigration officials have interpreted this rule to also mean that you must maintain your current immigration status until 30 days before your studies will start. If you cannot show this, your change of status request will be denied.
In practice, this means that you might have to submit separate and different requests to USCIS in order to achieve your goal. The first will be to extend your current status. The second request will be to change your status to that of student. (For more information about extensions of status, see Filling Out Form I-539 to Extend Nonimmigrant Status.) The best practice is to file the extension request first and later include USCIS's receipt for the extension request with your change of status request.
You'll start by getting what's called a SEVIS Form I-20 from the school that admits you, and paying the SEVIS fee. After that, you'll fill out and assemble more paperwork , including Form I-539 Application to Change Nonimmigrant Status, and send it all to U.S. Citizenship and Immigration Services (USCIS) with a separate fee for a decision.
If applying to academic programs, start contacting schools at least a year before you plan to start your studies. Vocational programs tend to follow their own schedules. Just remember to leave enough time for an admission decision by your program (ask the school for a time estimate) as well as a Change of Status decision by USCIS (allow a few months). Don't forget that you might need to extend your current status, as well.
When you receive the SEVIS I-20, you'll see that the front has been signed by the school's Designated Student Officer ("DSO"), who is the school's link between international students and USCIS. Before signing your I-20, review it carefully for errors and send it back for any needed correction. (It's better to have the school fix errors now than to have to explain them to a consular or USCIS officer later.)
Sign the bottom of the form. If you are under age 18, one of your parents will have to sign as well. Hang onto the form until you're ready with the rest of your change of status application.
The main application form you will need to fill out is Form I-539, available for free download from USCIS. Attach an I-539A Supplement page if your spouse or children will be staying in the U.S. with you, as derivatives on your visa. Form I-539 has more than one use—don't worry about questions that don't apply to you.
The questions on this form are mostly self-explanatory, but we'll focus on some potentially confusing ones here. This discussion refers to the version of the form issued 05/31/2022.
This part is mostly self explanatory.
You will have an "A-number" (an eight- or nine-digit -number following the letter "A" for Alien) only if you have been in deportation or removal proceedings or submitted certain immigration applications, particularly for permanent residence. If you were in proceedings or had any applications denied, see a lawyer for help.
You would have a USCIS Online Account Number only if you previously filed an application, petition, or request online using USCIS's electronic immigration system (at one time, called ELIS). The system issues its users an account number. It's not the same as an A-number.
If you have a real, valid Social Security number but haven't been granted a visa allowing you to work in the United States, filling the number in here could send the message that you've worked illegally. If you have a solid explanation for having had a Social Security number, attach a letter giving the details. If not, consult a lawyer.
The I-94 number was once found on a small white card received at the airport or border. Most applicants now receive an automated I-94, accessible on the Customs & Border Protection (CBP) website. If the date on your Form I-94 has passed, you are no longer in valid immigration status and cannot file this application.
If you have a regular passport, enter your number in "Passport Number," and then enter N/A in "Travel Document Number." (Some applicants, such as some refugees, don't have a passport but have some other sort of travel document, so they would fill in the latter box.) If your passport or travel document expired after you got your most recent I-94, and you now have a new one, enter the old passport or travel document number that you had when the I-94 was given to you. Give the expiration date for that old passport or travel document.
For "Current Nonimmigrant Status," enter the type of visa you have now, such as "B-2 visitor." The "Expiration Date" will be on your Form I-94, NOT in your visa. Or you might not have any expiration date, if you were granted "D/S" or duration of status; there's a box to check for that. This status is normally granted only to students, allowing them to stay in the U.S. until their studies are completed.
As a first-time applicant for student status, you should check box 3.a, choose a date that's within your existing immigration status but allows you to start classes on time in 3.b, and in 3.c, enter either "F-1" for academic student status or "M-1" for vocational student status.
This form lets you change status for any spouse or children who are staying in the U.S. with you. Check box 5.a if you'd like them to change status too, and then in 5.b, enter the total number of them plus you. Also, fill out the Form I-539 Supplement A.
Question 1: Enter the date given on your I-20 for the expected completion of your program.
For Questions 3 to 5: If you are the sole applicant, you should be able to answer "no" to or skip these questions.
Questions 1a through 1.c.: Enter your passport country, number, and expiration date, even if it has expired. If the expiration date is within the period of extension that you're asking for, you should have it renewed. You can usually do this at a consulate of your home country in the United States. Your passport must remain valid for at least six months beyond your date of departure from the United States. If your passport has expired at the time you file your I-539, attach an explanation telling USCIS why, and what you're doing about it.
Question 3: An "immigrant visa" is one that allows you to come to the U.S. and live here as a permanent resident. If you or any members of your family included in your application have applied for an immigrant visa, it indicates that you are seeking to stay in the U.S. permanently and get a green card. USCIS might conclude that you have no intention of returning home after your visit and deny this change of status application accordingly. There is no solution for this, unless the type of visa you're on allows "dual intent." Hiding an immigrant visa application from USCIS is impossible.
Question 4: An "immigrant petition" is what a family member or employer files for you as the first step in the process of getting you permanent resident status in the United States. It's not the same as your immigrant visa application. Some petitions will place you on a waiting list that will last many years before you yourself can take an active role in applying for an immigrant visa. Nevertheless, USCIS can deny your application if your answer to this question is yes.
Question 5: Form I-485 is simply the U.S. version of a green card application, used during an application process called "Adjustment of Status." USCIS asks about this for the same reason it asks Questions 3 and 4.
Questions 6 through 15 are designed to see whether you are inadmissible to the U.S., as described in Inadmissibility and Waivers. Think carefully before entering your answers, and keep reading for details. If no good solution is provided below, you will need to consult an experienced immigration lawyer.
Question 6: If you were simply arrested for a crime and not charged (for example, the police picked up the wrong guy), you are safe entering "yes" here and attaching a written explanation and a copy of the police report. But for anything more serious, or for any of the other activities described in this question (terrorist, genocide, and so on), you must consult a lawyer before going any farther. Many criminal convictions will make applicants inadmissible to the United States. Sometimes, no conviction is even required. For example, USCIS merely has to suspect that someone is a drug trafficker in order to find them inadmissible.
Question 12: To determine whether you have violated your current immigration status, consider the type of visa you are on and what you agreed to do to get that visa. For example, if you came to the U.S. as a B-2 visitor for pleasure but worked without authorization, this would be a status violation. USCIS will probably deny your change of status application.
Question 13: If you are now in "removal proceedings" (also known as deportation proceedings), talk to a lawyer immediately—it's likely that the USCIS has no power over this application. Your entire immigration situation is in the hands of the immigration court. You can use Part 8 of the form to add more information about your proceedings.
Question 14: If you have worked in the U.S., it needs to have been permissible under the visa or status that you held at the time. You might also have been required to obtain an employment authorization card (EAD) from USCIS. If your work wasn't permitted, talk to a lawyer pronto. If your work was permitted, look at the paragraph below the question to see what additional information you will need to supply. You can use Part 8 of the form for that. Add a photocopy of both sides of your work permit if you had one.
This is where you sign your name and affirm that you understand the form and have provided true information.
If an interpreter or attorney helped you, that person will need to fill in Part 6 or Part 7.
You'll need to assemble documents confirming your ability to support yourself during your studies in the United States and attesting to your intent to return home at their completion. Include these documents with your application:
You might have the option of filing online, but only if you are the sole applicant in your application. Others must mail in their I-539.
If mailing, send your Change of Status application by mail to the USCIS Lockbox Facility indicated on USCIS's filing instructions. (For most applicants, the address will be a Dallas one.) It's wise to use either a courier service such as FedEx or U.S. certified mail with a return receipt, so as to track the application if it's lost.
You are not permitted to apply for a Change of Status until 30 days have passed since you entered the United States. And remember, you should not apply until 60 days have passed since you entered the United States (unless you have the "prospective student" notation or can show a clear reason why your plans changed.)
On the other hand, you cannot apply later than the expiration date of your current stay, and should allow for at least three months for USCIS to make its decision. The safest course is to apply no later than three months before the expiration of your current stay.
USCIS should send you a receipt notice within a few weeks. The notice will predict how long the agency will take to approve or deny your I-539 application. USCIS might or might not ask you to attend an interview.
What if classes start and you still haven't gotten an answer from USCIS? If you are otherwise eligible, it's best to start attending class. If you are changing to F-1 status from B-1, B-2, or F-2 status, however, you are not eligible to start attending classes until your Change of Status application is approved.
(F-2 visa holders may study part-time, and B-1 and B-2 visa holders may engage in "recreational" or "avocational" study only.) If you are not eligible to begin studies before the change of status is approved, your DSO will advise you to defer your attendance.
If your school has to defer your attendance, be careful that the new start date on your I-20 isn't too far in the future. You might have to submit a request to extend your current status (or a second request if you have already done so). Follow these rules strictly: If you study when you were not supposed to, or if you don't study when you should have, you'll find that you have violated your student status before getting to enjoy it—and could be deported as a result.
The school's DSO will understand this dilemma, and should be able to make sure the school doesn't hold up your registration over your lack of immigration status.