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
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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.
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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.
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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.
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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.
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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.
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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.
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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.