changing to f-1 status

Applying for an F-1 Visa | Changing to F-1 Status | Maintaining F-1 Status | F-1 Employment

If you are in the United States, are currently in a non-student status, and wish to request a change to F-1 status, there are several steps you will need to follow.  Because this process can be complex, we strongly recommend that you seek professional assistance in preparing your application to change status.

• Your first step will involve applying to the college for an I-20 document.  Please go to Applying to NOVA to see the forms and documents that are required in order for the college to issue you this document.
• Once your I-20 has been issued, you will need to send the following forms and documents to U.S. Citizenship and Immigration Services:
  • The I-20 document with your signature, name, and date signed on page 1.
  • Evidence that you have paid your SEVIS FEE
  • I-539 form: Application to Extend/Change Nonimmigrant Status
  • $300 check written to U.S. Department of Homeland Security
  • I-94: COPY of both sides
  • Passport ID Page: copy page/s showing photo and expiration date of passport
  • Financial Statement Form and supporting financial documents.
  • An Educational Statement. This letter should explain, in detail:
    • When and why you entered the U.S.
    • When and why you decided to study (your academic plans at Northern Virginia Community College), and,
    • How your studies will be used when you return to your home country.

Note: If you are currently in B1/B2 or F-2 status, you are not permitted to enroll in classes before USCIS approves your Change of Status request.  If you are in either B1/B2 or F-2 status, only item # 1 below will apply to you.

For your security, we recommend that you copy all your documents
and mail the originals by Certified Mail Or Express Mail to:

U.S. Citizenship & Immigration Services
Eastern Service Center
75 Lower Welden St.
St. Albans, VT 05479

Changing Nonimmigrant Status
Effective April 12, 2002, the U.S. Citizenship and Immigration Services (USCIS) issued an interim rule (8CFR 214.2(b)(7), which amended its regulations for B-1 and B-2 nonimmigrant visitors who request a change of status to F-1, and M-1 nonimmigrant student status.

Under this new rule, persons admitted to the United States with B nonimmigrant visitor status may still submit a request to USCIS for a change of status to F-1 student following the normal process. However, the B non-immigrant is prohibited from enrolling in a full-time course of study until USCIS has approved the application for F-.1 nonimmigrant status. Currently the average processing time is 3 to 6 months.

The interim rule does not prohibit B nonimmigrant visitors from enrolling in part-time non-academic classes that are secondary At NVCC the B nonimmigrant may enroll in the Continuing Education English as a Second Language Program (non-intensive classes) if the period of time on the I-94 (arrival/departure record) allows them to complete the term for which they are applying.

While Individuals planning to attend school in the United States are expected to obtain the proper student visa prior to their admission to the United States, CIS does recognize that some intending students will want to visit the United States first for valid visitor purposes, such as touring campuses, or interviewing for admission to a college or university. BTS Inspectors, at the port-of-entry, will be required to make the proper notation on the alien’s I-94 that the person is a prospective student.

Regardless of your non-immigrant visa category, the period of time on your I-94 is more important than the period of time on your visa. If you stay in the United States beyond the period of time on your I-94 you are considered to be an “overstay”. If you overstay, you absolutely cannot change status in the United States and must apply for all future visas in your home country.

When your purpose for being in the United States changes, you have two options to change your status. First, you can leave the United States, apply for a new visa and return for the new purpose.

Second, you may apply to Citizenship and Immigration Services to change your status. There is no promise that a Change of Status application to CIS will be approved. As noted above, it may take up to six months to be processed. Be aware that USCIS is strict about not giving a Change of Status to someone who did not honestly tell the CIS officer why he/she was entering the U.S. CIS is especially strict about changing status if you entered the U.S. as a visitor. You must convince them that you had no intention of studying when you entered the U.S. or that you came as a prospective student.

Links to F-1 Visa Information and Resources
Student Visas
U.S. Visa Information
F1 Visa(Academic or Language Students)