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Change of Visa Status


Qualifications

A non-immigrant alien who is already in the U.S. may apply for a change of status if s/he has maintained lawful immigration status up to the time the application is filed and adjudicated (i.e. approved or denied).

Change of status applications to a student visa category are not guaranteed for approval. USCIS (United States Citizenship & Immigration Services) adjudications officers are alerted as to whether the applicant possesses a “preconceived intent” to study in the U.S., particularly when the applicant is requesting a change from B-2 tourist status to F-1. Please visit the USCIS website for more information regarding eligibility:www.uscis.gov.

Restrictions

You are not in legal F-1 or J-1 status until your application for change of status is approved. You must abide by the immigration restrictions of your current (visa status you are changing from) immigrant or non-immigrant status.

Changing to F-1 status from J-1 status: J-1 physicians admitted to receive graduate medical education or training and J non-immigrants subject to the I.N.A. § 212(e) 2-year foreign residence requirement are not permitted to change status to F-1 within the U.S.  These individuals must obtain a change of status is by exiting the U.S., applying for an F-1 visa, and re-entering the U.S.

School attendance: An applicant for change of status to F-1 or J-1 may not begin a full-time academic program before the application is approved, unless authorized by your current immigration status.

Employment benefits: No F-1 or J-1 employment benefits are available until the change of status is approved.

Travel

Travel abroad before approved change of status: If you depart the U.S. after filing the change of status application but before it is approved, you will need to obtain a new I-20/DS-2019 and to apply for your student visa at a U.S. consulate for reentry to the U.S.

Travel abroad after approved change of status: If you depart the U.S. after the change of status is approved, you will need to apply for your student visa at a U.S. consulate for reentry to the U.S.