International Students: Converting Status To Stay And Work Abroad

International students can change their non-immigrant status while remaining in the United States, but they must meet certain criteria and submit an application with USCIS. The process can be complicated and time-consuming, and not all visa statuses allow students to start their studies while the application is pending. Students must also ensure they do not violate the conditions of their current status, such as enrolling in a course of study while in a status that does not permit it. To change to F-1 status, students must provide various documents, including evidence of financial support, admission letters, and biographical information.

Characteristics of an International Student Converting Their Status

Obtaining an F-1 visa at a US consulate

To obtain an F-1 visa at a US consulate, you must follow several steps. Firstly, you need to apply and gain admission to a full-time study program at a SEVP-approved school in the United States. Once accepted, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and issued a Form I-20, "Certificate of Eligibility for Nonimmigrant (F-1) Student Status".

The next step is to prepare the required documents for your visa interview at the US consulate. These documents include a valid passport, the Nonimmigrant Visa Application Form DS-160 confirmation page, the application fee payment receipt, and your Form I-20. You will also need to upload a photo that meets the Photograph Requirements when completing Form DS-160. Additionally, you may need to pay the $350 SEVIS fee to the Department of Homeland Security (DHS) before your visa is issued.

After gathering the necessary documents, you should schedule an appointment for your visa interview at the US consulate in the country where you live. During the interview, you must present your Form I-20 to the consular officer. It is important to note that the order of these steps and the specific requirements may vary by consulate, so it is always advisable to review the instructions on the website of the specific US consulate where you will be applying.

For those with an expired F-1 visa who are outside the United States or planning to travel abroad and return, the visa must be renewed at a US consulate in your home country. If you are a student who wishes to have your spouse and/or unmarried children accompany you, they may apply for F-2 or M-2 visas. The school must issue them an individual Form I-20, and you must provide proof of your relationship.

Changing to F-1 status without leaving the US

An international student may be able to change their nonimmigrant status to F-1 (academic student) status while remaining in the United States. However, this depends on their current nonimmigrant status. For example, individuals with B-1 or B-2 status are prohibited from studying in the US, and therefore must acquire F-1 status if they wish to enrol in a course. On the other hand, individuals with E status can enrol in school, provided that it does not interfere with their ability to maintain their E status.

To change to F-1 status, a person must meet the following criteria:

• They were lawfully admitted to the US in a nonimmigrant status
• Their nonimmigrant status remains valid
• They have not violated the conditions of their status
• They have not committed any crimes that would make them ineligible

In addition, they must:

• Apply to and receive acceptance from a SEVP-certified school
• Receive a new initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the designated school official (DSO)
• Pay the I-901 SEVIS fee
• File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS
• Provide evidence of financial support
• Provide a copy of the receipt indicating payment of the SEVIS fee
• Provide copies of all immigration documents showing that they are currently in lawful nonimmigrant status

It is important to note that not all nonimmigrant classifications are allowed to change to student status, and that enrolling in a course of study while in a status that does not permit it will result in a status violation.

Applying for a change of status

The process of applying for a change of status can be complicated and time-consuming, often taking 11-13 months to process. It is important to note that not all visa statuses allow applicants to start their studies while the application is pending, and applicants will be unable to engage in on-campus employment or receive funding until their new status is approved.

Firstly, applicants must be ""in status"" at the time of applying for a change of status. This means that the applicant must have maintained the terms and conditions of their non-immigrant status, for example, by not working without authorization. The applicant's non-immigrant status must also not have expired more than 30 days before the report date of their Form DS-2019.

If the applicant is changing status from an employment-based visa, such as a J-1 Researcher or H-1B, they should include three recent paystubs or other evidence of employment. If previously in J status and subject to the 212(e) Two-Year Foreign Residency Requirement, include the I-612 proof of waiver approval.

The USCIS Form I-539, Application to Extend/Change Nonimmigrant Status, must be filed with USCIS, and the applicant must pay the $420 online application fee or $470 for paper filing. The applicant must also pay the I-901 SEVIS fee. The applicant must then apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. The applicant must receive a new initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give the reason for change of status in the Issue Reason section of the Form I-20.

If the applicant is from a country where no visa is required, such as Canada, they may proceed directly to a U.S. port of entry or a U.S. pre-clearance/pre-flight inspection station and apply for admission to the United States as an F-1 or M-1 student. Once admitted by an immigration officer, the applicant may begin their studies.

Maintaining nonimmigrant status

International students in the United States are required to maintain their nonimmigrant status while studying. This means adhering to the purpose or reason for their stay in the country, as outlined by their visa. For instance, individuals with an F or M student visa must ensure that their primary purpose is to study.

To maintain nonimmigrant status, students must follow certain guidelines. Firstly, upon arrival in the US, students must enter the country no more than 30 days before their program of study commences. They should then immediately contact their Designated School Official (DSO) and get in touch again once they arrive at their school, no later than the program start date. While studying, students must attend all their classes and maintain satisfactory academic progress. F-1 students, specifically, must complete at least one full academic year at a Student and Exchange Visitor Program (SEVP)-certified school to be eligible for annual vacation. Additionally, students intending to take annual vacations must plan to register for classes in the subsequent academic term.

In certain circumstances, students may need to transfer to another school. In such cases, the transferring student must contact the new DSO within 15 days of the program start date, register for classes, and ensure that the DSO has all the necessary information to update their Student and Exchange Visitor Information System (SEVIS) record, including any change of address. The DSO at the transfer-out school is responsible for updating the student's SEVIS record and releasing it to the transfer-in school, after which the transfer-in DSO can create an Initial record and print a Form I-20, the "Certificate of Eligibility for Nonimmigrant Student Status."

Furthermore, students must be cautious when considering employment. Working without authorization will result in immediate departure from the US, and they may face challenges re-entering the country at a later date. To maintain legal status, students must take the necessary steps, such as transferring to another school, changing their education level, or applying to change their visa status.

Consular processing

To be eligible for consular processing, you must first be the beneficiary of an approved immigrant petition, and an immigrant visa number must be immediately available to you. Most immigrants become eligible through a petition filed by a family member or employer. However, some humanitarian programs do not require an immigrant petition but may have additional requirements.

The process of consular processing typically involves the following steps:

• Check your eligibility for the specific visa category you are applying for.
• Have your sponsor file the appropriate petition for your green card category, such as the I-130 form, with U.S. Citizenship and Immigration Services (USCIS).
• Wait for USCIS to approve your petition. Processing times can vary from several months to several years, depending on the government's backlog and your specific case.
• Once your petition is approved and a visa is available, the National Visa Center (NVC) will notify you and collect the necessary fees and supporting documentation.
• Submit the required documentation, including the DS-260 form, to the NVC.
• The consular office will then schedule you for an interview and process your case to determine your eligibility for the immigrant visa.
• If you are granted an immigrant visa, the consular officer will provide you with a "Visa Packet," which you should not open.
• Pay the USCIS Immigrant Fee to process your immigrant visa packet and produce your Green Card.
• Upon arrival in the United States, submit your Visa Packet to the Customs and Border Protection (CBP) officer at the port of entry.
• The CBP officer will inspect your documents and determine whether to admit you into the United States as a lawful permanent resident.
• If admitted, you will have lawful permanent resident status and can live and work in the United States permanently. Your Green Card will be mailed to you after your arrival.

Frequently asked questions