The Status Change Process refers to the procedure for changing your visa status while staying in the U.S. This is particularly common for those switching from a non-immigrant visa such as a B visa or J visa to F-1 status, allowing them to study legally in the U.S. Below are important points to keep in mind during the status change process.
Key Points in the Status Change Process
Eligibility for Status Change
To change to F-1 status, you must be in valid non-immigrant status at the time of application. Status changes are not permitted for individuals under the Visa Waiver Program (ESTA).
It is important to apply for a status change before your current visa expires. Delays in applying could result in falling out of status and possible unlawful presence in the U.S.
Required Documents
Form I-539: This form is used to apply for a status change with the U.S. Citizenship and Immigration Services (USCIS).
Form I-20: You will need a Form I-20 issued by your school, which certifies your acceptance and eligibility for F-1 status.
Supporting documents: You must also submit proof of financial support, a copy of your passport, your current visa, and any other required documentation.
Processing Time
The processing time for a status change can vary and may take several months. Therefore, it is crucial to apply early and be aware of the processing time.
You must maintain your current visa’s validity until the status change is approved. If your current status expires before approval, you may need to leave the U.S. and apply for an F-1 visa at the U.S. embassy in your home country. Be sure to consult with an immigration attorney for guidance.
Maintaining Status While Awaiting Approval
While waiting for your status change to F-1, you must comply with the terms of your current visa. For example, if you are staying on a B visa, you cannot start your academic program until your F-1 status is approved.
However, if you are switching from a J visa to an F-1 visa, you may be able to start your academic program before the F-1 approval.
Travel Restrictions
Leaving the U.S. while your status change application is pending will result in your application being considered abandoned. To return to the U.S., you would need to apply for an F-1 visa at the U.S. embassy or consulate in your home country.
Financial Considerations
You will need to provide proof of financial support to cover your studies in the U.S. This could include bank statements, affidavits of support, or scholarships that demonstrate your ability to pay for tuition and living expenses.
After Approval
Once you receive the approval letter, notify your school immediately. You must start your program on the appropriate start date.
The approval letter is not an F-1 visa itself; it is simply a notification that your status has changed to F-1. If you leave the U.S. and plan to re-enter, you will need both a valid F-1 visa and an I-20 to return. Since the approval letter is not a visa, you must apply for an F-1 visa at the U.S. embassy before re-entering the U.S.
The approval letter does not guarantee that your F-1 visa will be approved. If your visa application is denied, you will not be able to re-enter the U.S. Be sure to consult with an immigration attorney for any questions or concerns.
When studying in the U.S. with an F-1 visa, it is crucial that both your visa and your I-20 remain valid.
The I-20 is a vital document that outlines the period during which you are legally allowed to stay in the U.S. and pursue your studies.
Below is essential information about maintaining the validity of your F-1 visa and I-20, as well as steps to take as their expiration date approaches.
What is a Visa? What is an I-20?
Visa: A visa is a stamp placed in your passport that permits you to enter the United States. The F-1 visa allows you to enter the U.S. as a student, but it does not determine how long you can stay. It only grants permission for entry. Having a valid visa does not guarantee 100% entry into the U.S.; the final decision is made by a CBP (Customs and Border Protection) officer upon your arrival.
I-20: The I-20 is a document issued by your school that certifies your enrollment and eligibility to study in the U.S. It includes the start and end dates of your program, and it dictates the period during which you can legally remain in the country.
These two documents serve different purposes, and their validity periods are not necessarily the same.
The visa allows entry into the U.S., while the I-20 allows you to remain in the U.S. during your studies.
Differences Between the I-20 and F-1 Visa Validity
I-20: The I-20, issued by your school, must remain valid throughout your enrollment. The first page of your I-20 indicates the authorized dates for your studies, and this determines your legal stay in the U.S.
F-1 Visa: The F-1 visa stamp in your passport indicates the period during which you are permitted to enter the U.S. as a student. In some cases, the F-1 visa may have a longer validity period than your I-20. For example, your F-1 visa could be valid for five years, while your I-20 covers a six-month program.
Important:
Even if your F-1 visa is valid, if your I-20 expires and no action is taken, your stay in the U.S. becomes illegal.
Please talk to your school DSO.
What is a DSO?
A DSO (Designated School Official) is a critical figure at U.S. educational institutions, serving as the official liaison between the school, international students on F-1 visas, and the U.S. government.
Appointed by the school and approved by the Department of Homeland Security (DHS), the DSO’s main responsibility is to ensure that both the school and its international students comply with all U.S. immigration regulations.
Reasons Why Your I-20 Might Expire
There are several reasons why your I-20 might expire, and it’s essential to be aware of these situations:
Completion of the Program
The I-20 is valid for the duration of your program, as listed on the form. When your program ends, so does your I-20.
After your program is completed, you will be granted a 60-day grace period during which you must transfer, enroll in another program, or leave the U.S.
Loss of Full-Time Enrollment Status
If you fail to enroll in the required number of credits or do not maintain full-time status, you may lose your F-1 status.
In this case, your school may terminate your I-20.
Withdrawal or Leave of Absence
If you take a leave of absence or withdraw from your program, your I-20 may become invalid.
These actions can lead to the loss of your legal stay in the U.S., so it’s crucial to consult with your DSO (Designated School Official) beforehand.
Failure to Pay Tuition
Failure to pay tuition or prolonged unpaid tuition may result in your school terminating your I-20.
Paying tuition is a requirement to maintain I-20 validity.
Unauthorized Employment
F-1 visa holders are only permitted to work under specific conditions.
Engaging in unauthorized employment, either off-campus or in a prohibited capacity, can result in the termination of your I-20, visa cancellation, and possible deportation.
Poor Attendance
Many schools require students to maintain a certain attendance rate.
If you fail to meet these requirements, your I-20 may be terminated.
It’s critical to attend classes regularly and adhere to your school’s attendance policies.
Delay in Extending Your Program
If you need to extend your program, you must apply for an I-20 extension before your current program ends.
Failing to do so may result in the expiration of your I-20 and an illegal stay.
What to Do When Your I-20 Expires
If your I-20 is nearing its expiration date, you have three options:
Transfer to another school and obtain a valid I-20: You must obtain a new I-20 from the new institution.
Leave the U.S.: After completing your program, you are allowed a 60-day grace period during which you must depart the U.S.
Extend your program and obtain a new I-20 from your current school: If eligible, you may apply to extend your I-20 with your current school.
If you successfully complete your program, you are allowed a 60-day grace period to take one of the above actions.
This grace period allows you to legally remain in the U.S. during this time.
Note:
If you withdraw from your program or are dismissed, the grace period is reduced to 15 days.
Staying beyond this period without taking appropriate action may result in an illegal stay, which can negatively impact your future ability to stay in or re-enter the U.S.
What Happens if Your Visa Expires During Your Stay?
As long as your I-20 remains valid, it is legal to stay in the U.S. even if your F-1 visa expires while you are here.
However, if you leave the U.S. and wish to re-enter, you must have a valid visa.
Therefore, you will need to renew your visa before re-entering the U.S.
Important:
Visa extensions cannot be done from within the U.S. You must leave the country and typically apply for a visa renewal at the U.S. embassy in your home country.
What is Most Important for F-1 Visa Students?
The most important thing for F-1 visa holders is to always maintain a valid I-20.
As long as your I-20 remains valid, you can legally stay in the U.S. However, it’s crucial to take action promptly if your I-20 is nearing expiration.
Always ensure that your stay and studies remain in compliance with U.S. immigration regulations.
Additionally, keep up to date with F-1 visa regulations by checking the USCIS website and other official resources.
The Electronic System for Travel Authorization (ESTA) is a program that allows citizens of Visa Waiver Program (VWP) countries to travel to the United States without a visa.
This program is designed for short-term travel, such as tourism or business, but it is important to note that ESTA is not a substitute for a student visa.
Below is an overview of ESTA and important points to keep in mind when applying.
Overview of ESTA
Eligibility: Citizens of countries participating in the Visa Waiver Program (VWP) can apply for ESTA. The following countries are eligible:
Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan*, United Kingdom**
Purpose: ESTA can be used for tourism, business, medical purposes, or short-term study (fewer than 18 hours of classes per week). For long-term studies or full-time enrollment, a student visa is required.
Duration: ESTA allows you to stay in the United States for a maximum of 90 days. Staying beyond this limit is considered illegal, so make sure to depart the U.S. before your stay exceeds 90 days.
Important Note: ESTA is not a visa. You cannot change your status to another visa (such as an F-1 student visa) while staying in the U.S. on ESTA. If you need to switch to another visa type, you must leave the country and apply for the visa from abroad.
How to Apply: You can apply for ESTA online through the official U.S. Embassy website. The application fee is $14, payable by credit card.
Important Points When Applying for ESTA
Apply Early: It is recommended to apply for ESTA at least two weeks before your trip, even though it can be done up to 72 hours before boarding your flight.
Validity: ESTA is valid for two years from the date of application, or until your passport expires, whichever comes first.
No Guaranteed Entry: Having an approved ESTA does not guarantee entry to the U.S. The final decision is made by U.S. immigration officials upon your arrival.
Beware of Overstaying: The maximum stay on ESTA is 90 days. Overstaying this limit is illegal, and you may be denied entry on future visits.
Answer Questions Carefully: The ESTA application process can be completed on a smartphone, but it is recommended to use a computer to ensure accurate answers to all important questions.
Warnings for ESTA Users
If you engage in illegal activities during your stay in the U.S., you may face future entry bans.
Pay special attention to the following:
Overstaying: The maximum stay on ESTA is 90 days. Staying beyond this limit will result in illegal status and could lead to a denial of entry on future visits.
Illegal Employment: Working while on ESTA is prohibited. If caught working illegally, you could be banned from entering the U.S. again.
Other Illegal Activities: Fraud, theft, drunk driving, and illegal sexual activities are all considered serious offenses and can result in restrictions on future travel to the U.S.
Enjoying a Safe Stay in the U.S. with ESTA
ESTA is a convenient option for short-term travel to the U.S. for tourism or business, but there are several important rules and restrictions to keep in mind.
By following these guidelines, you can ensure a safe and enjoyable stay in the United States.
Today’s blog is a serious topic. It’s about
something that I-20 holders want to know. This information has been personally
exchanged with the person responsible for the SEVIS.
Since last year, the SEVIS Field Associate
(responsible for our school) has regularly come to visit the campus several
times. They come to share the latest rules and visa information regarding the
SEVIS, and to check that our school isn’t unusual at the same time.
Aside from that, the one question that we
are often asked by students is:
“Will I be able to get the 60 days Grace Period?”
The Grace Period is a sixty-day legal stay
within the country following the completion of your program. During this time,
a student must either transfer to another school, or leave the United States.
The one thing that students on an F1 visa tend to get incorrect is that they will automatically be entitled to the 60 days Grace Period if they hold a valid I-20. This is wrong.
Not everyone is entitled to the sixty-day
legal stay. To receive the Grace Period, a student must meet the requirements
outlined below.
Properly complete their program → this means they complete their program without failing, and while meeting the appropriate attendance rates.
For example, a student has enrolled in a twelve-week program. Imagine they have now transferred to another school in the middle of the program. This transfer is possible, but it means they haven’t completed their program in this case (since they have transferred) and are not entitled to the 60 days Grace Period.
In this particular case, the student has a
15-day legal stay within the country. During this time, they must either leave
the United States, or complete the transfer process to the new school and begin
their next program from the earliest possible start date.
If a student’s attendance is insufficient, and their I-20 is terminated by the school, they must leave the United States immediately.
As for transfers, the SEVIS advises that it doesn’t mean “It would be good to complete the transfer process within the 60 days, and start the program at your next school”, but rather, “If you want to transfer during the Grace Period, you should finish the application process promptly and start your new program from the earliest possible start date.”
It is vital for students staying in the
country on an F1 visa to take personal responsibility for maintaining their
status. (Especially regarding attendance)
Students who come to America on an ETSA are
able to stay for 90 days. Staying any longer than this will be an illegal stay
and this will remain on their record.
It is highly likely that applications for
visas from people with a record of illegal stays will be rejected. Please take
plenty of care.
Transfers between language schools are popular within America. As mentioned previously in this blog, it is possible for the transfer process to be completed by the student themselves.
■Transfer Process
Before the conclusion of your program, decide whether to extend the program at your current school or transfer to another
If you decide to transfer, choose the school you will transfer to
Proceed with the enrollment process of the school you will transfer to (fill in application forms, make payments etc; please follow the school’s procedure)
Submit required documents to your current school
Your current school moves your SEVIS record to your next school
This isn’t a difficult process, but some troubles have occurred from time to time.
■Astudent has forgotten to submit the documents, and their status changed to ‘Complete’.
The documents required to move your SEVIS record to the next school are the ‘Transfer Form’ and the ‘Acceptance Letter’ for the school you are transferring to.
The issues that occurred in a certain case are related to this.
A student who had completed their program submitted a ‘transfer form’. The staff filled out all the necessary information and handed the form back to the student. Despite being urged to submit the acceptance letter prior to the final day, it was not submitted. More than sixty days passed following the end of the student’s program, and their status changed to ‘Complete’.
As previously mentioned in this blog, in the sixty days following the end of your program date (in the case of our school, the last day of your I-20 validity is the end date of your program) you will enter a Grace Period. Students must either transfer schools during this period or leave the United States.
The SEVIS status will automatically switch from ‘Active’ to ‘Complete’ on the 61st day. Once a status has become ‘Complete’, the school can do nothing more. You need to leave the US immediately.
■Why is the transfer process incomplete without an ‘Acceptance Letter’?
Most schools mention the following warning on their ‘transfer forms’:
“Please do not release the student’s SEVIS record to us until our school DSO has confirmed acceptance of the student via a written Letter of Acceptance. This transfer Verification form is not a confirmation of acceptance.”
According to this warning, your current school cannot send your record to them unless both your ‘acceptance letter’ and ‘transfer form’ are complete.
Even if you complete your enrollment form and payment of fees, and the transfer process has been completed at the school you’re transferring into, whether or not your record is transferred depends on whether or not your documentation has been submitted properly.
At each school’s discretion, if a student’s SEVIS record has not been transferred despite completing the transfer process, the school may be able to contact the previous school and check the issue. However, not all schools will go that far.
NYEA takes a lot of admissions from other schools. After completing the enrollment process with us, we issue an ‘acceptance letter’ and we always ensure to send the ‘transfer form’ and ‘acceptance letter’ to the school the student is transferring from. We will contact the previous school in cases where the record has not been sent to us.
The transfer process is not difficult, but it’s a good idea to confirm the steps with the staff at your current or future school.
As long as your student visa remains valid (even if your I-20 has expired) your stay in America may be mistakenly considered a legal stay.
The I-20 form is attached to the F1 visa. Your I-20 must be valid for the duration of your study. The validity period is stated on the first page of the I-20 form.
The validity period of your visa is stamped on the visa page.
These two periods of validity are not necessarily limited to one another.
Let’s consider an example where the student has enrolled in a six-month program. The I-20 document states a validity period of 6 months; however, the F1 visa has been approved for a period of 5 years.
*There may be some cases where schools allow a validity period of one year or more even for a six-month enrolment. Each school’s policy differs on this*
The most important thing for students holding an F1 visa is to ensure that they also have a valid I-20. If the validity period expires on their I-20, they must do one of the following:
Transfer into a different school within 60 days from your current program ending date
Leave the United States within 60 days from your current program ending date
Have the I-20 renewed at the current school (this may or may not be possible)
The abovementioned 60 days are referred to as a “grace period”. If a student completes a program at their enrolled school, they will receive a legal-stay period of 60 days.
In cases students are terminated by the school with some reasons, then they do not receive this 60-day period and they may be unable to transfer to another school.
If, during the 60-day grace period, a student does not go through the procedure to transfer schools and remains within the US, their stay will become an illegal one.
In cases where a student’s program has finished but they wish to continue their studies in the US, we ask that they extend their program and acquire an extension of their I-20 from their school. Students should always ensure that they personally retain their currently valid I-20.
The extension procedure at the New York English Academy is as follows:
Complete the application form for the next program
Prepare the certificate of bank balance
Pay the fees for the next program
Even if your visa expires while you are residing in the United States, as long as you hold a valid I-20 your stay will be a legal one. It will not become an illegal stay.
However, if you temporarily leave the country and re-enter, you will require a valid visa and will need to go through the visa extension procedures.
It is not possible for students to extend their visa within America, so they will be required to do so from outside the country or from their home country. Please contact your individual schools for the documents necessary for a visa extension application. The New York English Academy will assist you with any documents required to avoid any issues with your visa extension, including your transcripts and a support letter from the school.
Entry into other countries basically
requires both a visa and a passport.
The first thing that is essential for
passage into a foreign country is a passport. Without a passport, you will be
unable to leave Japan. However, even though you’re able to leave Japan with
just a passport, you may not be able to enter other countries. A “visa” is a
document which allows entry to specific foreign countries, like an entry
permit. Once a visa is issued, it is attached to your passport.
Visas are split into many different types. We
will be explaining the different kinds of American visas. The two main
categories are “Non-immigrant Visas” and “Immigrant Visas”.
A Non-immigrant Visa is a visa that allows you to stay in the United States for a
specified period of time to accomplish a specified purpose. This is applicable
for those who are tourists, students, businesspeople or special workers etc.
An Immigrant Visa is a permit to allow you to reside in the United States on a Green
Card or after applying to be an American citizen.
Usually, those studying abroad will be
under the “Non-Immigrant Visa” category. Non-Immigrant Visas are divided into
various types according to the purpose of the traveller.
Commercial/Tourist Visa (B1/B2 Visa): Short-term entry visas for business, travel or medical treatment
purposes.
Employment Visa (H1, L, O, P, Q Visa
etc): Visas that permit legal employment. These are
visas for working within the United States. Depending on the type of work,
these visas are split into different types; e.g. special skilled laborers,
internal transfers, artists, entertainers, athletes etc.
Student Visa (F1/M1 Visa): Visas for studying abroad.
Exchange Visitor Visa (J Visa): A visa for those participating in exchange programs such as training
programs and internships etc.
Transit/Cruise Visa (C/D Visa): Visas for the staff and crew of planes and ships entering and
landing in America.
Religious Activist Visa (R Visa): A visa for those undergoing religious activities.
Employee Visa (B, A, G Visa etc): Visas for those travelling with an employer; these are divided
according to the visa status of the employer. This applies to people such as
butlers, drivers, housekeepers, assistants, gardeners, diplomats and government
officials etc.
Press Visa (I Visa): A visa for news media (who are based in foreign countries) to
temporarily stay in the United States.
Treaty Trader/Investor Visa (E Visa): A visa for residents of countries that have treaties and investments
with America.
Spouse Visa (K Visa): A visa for those who are engaged to a U.S. citizen and wish to gain
permanent residency in America.
You will need a visa that matches the
purpose of your stay in the United States.
Generally, to study abroad, apply for a
Student Visa (F1 or M1 Visa).
All visas have specific accompanied
documents.
For example, the J Visa has the DS-2019
document, and the H Visa has the I-129 document. In the case of the student
visas, this document is called the I-20 form.
Both the F1 and the M1 are Student
Visas.
For general university and language school
studies, you’ll need the F1 Visa. For specific professional studies or
training, computing, IT classes etc, you’ll need the M1 Visa. Students who
attend the New York English Academy will have an F1 Visa.
When entering the United States, you
must go through Immigration. (Specific to the JFK airport)
The procedure for entering the United
States is as follows:
Arrival of the plane
Immigration
Baggage collection
Customs
Airport arrival lobby
Go through Immigration once your plane has
landed. This will be split up into two lanes, one for American residents and
one for foreign residents. Line up in the lane for Non-US Citizens.
Immigration at the JFK Airport in New
York City has kiosks. (Some other airports may not have kiosks)
The John F. Kennedy Airport is a large
airport which serves as the gateway to the East Coast of the United States, with
many international visitors. The “APC KIOSK”, or Automatic Passport Control
Kiosk, has been implemented to cut down on immigration.
<Immigrants who can use the
kiosks> Those who can use the kiosks do not need
a customs declaration form.
People who have an ESTA and
have entered the U.S. after 2008
U.S. citizens
Permanent residents of the U.S.
Canadian citizens
<Immigrants who cannot use the
kiosks>
People entering for the first time with an ESTA
People who have entered with an ESTA after 2008 but have renewed
their passport
People on a student or work visa
People who have been directed by personnel to use the immigration
desk
[Using the Kiosks]
Choose your language
Scan your passport on the screen
Answer the U.S. Customs questions
Answer ‘yes or no’ for ESTA registration
Fingerprint scan
Photo taken
Confirm travel companions
Confirm arrival flight information
Once everything has been completed, a
receipt will be printed, and you will need to line up for Immigration. This is
a simple lane just for showing your documents, and it means there are no issues
with your entry. However, if there is a cross on the printed receipt, you will
need to proceed to the same in-person immigration examination as other visa
holders.
Sometimes this cross is displayed if your
photo or fingerprints are not taken correctly.
Immigration Procedures
For immigration, you will need a passport
containing the correct visa, and the accompanying documents for that specific
visa. (In the case of a Student Visa, the I-20 form). Submit these to the
immigration officer.
Having a visa does not necessarily mean you
can enter the country. The immigration officer will allow your entry by
checking your visa type, your purpose for visiting, and whether or not your
documents have expired. At this time, the immigration officer may ask you some
questions.
Purpose of visit
How much money you have
How long you plan to stay
Where you will be staying
If nothing is checked, the immigration
procedure is over. If there are any issues or some of your documents are
missing, more checks will be necessary, and you will be led into a separate
room. This procedure will take a considerable amount of time, so please ensure
your documents are completed prior to immigration.
Please refer to the following video for an
explanation.
Please note that circumstances and
procedures will differ with each airport.
Once you have gone through Immigration,
collect your luggage and proceed to your destination. The New York English
Academy offers “First-Day Immigration Support” as an option. There is also a
pick-up service to take you to your accommodation.
*First-Day Immigration Support: We will
pick you up from the airport and take you to your accommodation. Once you have
dropped off your belongings, we will show you around the facilities and areas
you will be using during your time here. This is the recommended option for
those coming to New York for the first time.
