Lana Oconnell
The process of changing one's status from an international student to a domestic student varies depending on the country and specific institutional policies. In the United States, the classification is often between in-state and out-of-state fees rather than domestic and international fees. F-1 visa international students are typically considered out-of-state students, and obtaining a green card or residency does not automatically change this status. To be considered an in-state student, one usually needs to reside in the state for a full calendar year or meet other state-specific requirements. Additionally, individuals in a nonimmigrant status who wish to enroll in school must acquire F-1 (academic student) or M-1 (vocational student) status by submitting an application with USCIS and meeting certain criteria. On the other hand, in countries like New Zealand and Australia, changing citizenship or residency status allows individuals to update their status from international to domestic at the university level, with the submission of relevant documents.
| Characteristics | Values |
|---|---|
| Who can change their status? | Non-immigrants in the United States on a valid non-immigrant visa for a purpose other than attending school. |
| Who cannot change their status? | Non-immigrants who entered as a visitor through the visa waiver program. |
| What are the types of student status? | F-1, M-1, and M status |
| What forms are required? | Form I-20, Form I-539, Form I-94, Form DS-2019, Form I-797, EAD card, Form I-566, Form I-914, Form I-140 |
| What are the fees? | I-901 SEVIS Fee, separate fee for Form I-539 |
| What are the requirements for changing status? | Lawful non-immigrant status, valid non-immigrant status, no violation of status conditions, no criminal record |
| What are the recommendations? | Apply as soon as you need to change status, do not assume status is approved until notified, do not change activity before approval |
| What are the consequences of failing to maintain status? | Barred from returning to and/or removed from the United States |
| What are the options for changing status? | Travel outside the United States and re-enter with a new visa, or request a change of status from within the United States |
| What are the special instructions for changing to F or M student status? | Do not enrol in classes or begin studies until USCIS approval, except for F-2 status which allows part-time study |
| What are the requirements for maintaining student status? | Attend all classes, maintain academic progress, maintain a full course load, contact DSO if unable to study full-time, request program extension if needed |
| What are the options for employment? | F students are eligible for curricular practical training (CPT) and optional practical training (OPT); M-1 students are not eligible for employment during their program but may obtain authorization for practical training employment after completion |
| What are the options for permanent residency? | EB-1 Outstanding Professor or Researcher, EB-2 Special Handling, EB-2 Standard Filing, H-1B visa sponsorship |
| What are the considerations for travel? | First time travelling outside the U.S. with F-1 status requires applying for an F-1 visa at a U.S. consulate; change of status request is abandoned if you leave the U.S. while it is pending |
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What You'll Learn
Eligibility criteria for changing student status
Lawful Admission and Nonimmigrant Status:
To be eligible to change your student status in a particular country, you must have been lawfully admitted to that country with a valid nonimmigrant visa or status, and your nonimmigrant status must remain valid throughout the application process. This means that you entered the country legally and were not admitted through a visa waiver program or as a visitor.
Purpose of Stay:
You must demonstrate that your original purpose of stay was not to attend school. In other words, you cannot change your student status if you initially entered the country solely for educational purposes.
Compliance with Conditions:
You should not have violated the conditions of your nonimmigrant status. This includes not enrolling in any courses or beginning studies that are not permitted under your current status. Enrolling in unauthorized courses can result in a status violation and make you ineligible for a status change.
Criminal Record:
You must not have committed any crimes or engaged in any actions that would disqualify you from changing your student status. A clean criminal record is typically required to maintain eligibility.
Acceptance from a Certified School:
To be eligible for a student status change, you must apply to and gain acceptance from a certified educational institution. This institution must be recognized and approved by the country's student and exchange visitor program or a similar governing body.
Application and Fees:
Obtaining the necessary forms and submitting a complete application are crucial for eligibility. This may include obtaining a "Certificate of Eligibility for Nonimmigrant Student Status" or a similar document. Paying the required fees, such as the SEVIS or processing fees, is also essential.
It is important to carefully review the specific requirements and instructions for your desired destination country and student status. Eligibility criteria can vary, and it is crucial to adhere to the guidelines to ensure a successful status change.
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Application process for changing student status
If you are an international student in the United States and want to change your nonimmigrant status, you must submit an application with U.S. Citizenship and Immigration Services (USCIS). To be eligible for a change of status, you must have a valid nonimmigrant visa for a purpose other than schooling and want to study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
The application process for changing student status involves several steps:
Step 1: Apply for Acceptance at an SEVP-Certified School
First, you must apply for and receive acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. This is a mandatory step to initiate the process of changing your student status.
Step 2: Obtain Form I-20
Once you have been accepted by an SEVP-certified school, you will need to obtain Form I-20, also known as the "Certificate of Eligibility for Nonimmigrant Student Status." The designated school official (DSO) at your new school should indicate "change of status" in the Issue Reason section of Form I-20.
Step 3: Pay the I-901 SEVIS Fee
After receiving Form I-20, you will need to pay the I-901 SEVIS fee. This fee is associated with your student status and is a mandatory step in the process.
Step 4: Submit Form I-539 to USCIS
The next step is to submit Form I-539 "Application to Extend/Change Nonimmigrant Status," to USCIS. This form allows you to request a change to student status. Not all nonimmigrant classifications are eligible for a change to student status, so carefully review the instructions to ensure your category is eligible.
Step 5: Gather Required Documents
Along with Form I-539, you will need to provide supporting documents to USCIS. These documents may include proof of your current lawful non-immigrant status, such as Form I-94, visa stamp, DS-2019, Form I-20 for F-2 status, I-797, EAD card, or other relevant documents. Additionally, you will need to submit a biographical page of your passport, including its expiration date.
Step 6: Wait for USCIS Processing and Decision
After submitting your application and supporting documents, you will need to wait for USCIS to process your request. USCIS processing times can vary, and it is recommended to check their website for current processing times. During this period, you must remain in the U.S. as exiting the country will cancel your application.
Step 7: Receive Decision and Take Further Action
Once USCIS has processed your application, they will notify you of their decision. If your application is approved, USCIS will provide official documentation of your new student status. At this point, you may be able to engage in student-specific activities, such as on-campus employment or practical training. However, if your application is denied, you should be prepared to leave the United States when your current status expires.
It is important to note that the above process outlines the general steps for changing student status in the United States. The specific steps may vary depending on your current visa status, the type of student status you are applying for, and other factors. Additionally, some sources suggest that leaving the U.S. and re-entering with a new visa may be a faster option in some cases.
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Permanent residency applications
United States
In the United States, the process for becoming a permanent resident, or obtaining a "green card," can vary depending on your situation. Here are some general steps and considerations:
- Consult an Immigration Attorney: The process of obtaining permanent residency can be complex, and it is recommended that you consult a qualified immigration attorney for guidance.
- Eligibility: Determine your eligibility for permanent residency. There are various categories, such as EB-1 for outstanding professors or researchers with international recognition, EB-2 Special Handling for those with teaching responsibilities, and EB-2 Standard Filing for foreign nationals who don't qualify for EB-1.
- Sponsorship: In some cases, you may need to be sponsored by an employer or family member. For example, Lehigh University typically sponsors H-1B visa holders for green cards, but J-1 exchange visitors do not qualify for sponsorship.
- Filing an Application: You will need to file an application with the United States Citizenship and Immigration Services (USCIS). The specific forms and requirements may vary depending on your situation.
- Labor Certification: Depending on your category, you may need to file a Labor Certification with the Department of Labor.
- Adjustment of Status: The final stage of the process is the adjustment of status, where you officially become a permanent resident and pay a fee.
Canada
In Canada, the process for applying for permanent residency is done through the Express Entry system. Here are the general steps:
- Create an Online Profile: You will need to create an online profile and enter information about your skills, work experience, language ability, and education.
- Invitation to Apply: If you meet the criteria, you will receive an invitation to apply for permanent residence. This invitation is valid for 60 days, so you must act promptly.
- Submit Your Application: Complete and submit your application within the given timeframe, ensuring that you pay the required processing fees.
- Medical Examination: As part of the application process, you may be required to undergo a medical examination.
Changing Immigration Status in the US
If you are already in the United States on a nonimmigrant visa and wish to change your status to a student visa, you can do so by following these general steps:
- Eligibility: Ensure that your current nonimmigrant status allows you to change to student status. Not all nonimmigrant classifications are eligible for this change.
- Apply to a SEVP-Certified School: You must apply and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
- Obtain Form I-20: Obtain Form I-20, the "Certificate of Eligibility for Nonimmigrant Student Status," from the designated school official (DSO) at your new school.
- Submit Form I-539: File Form I-539, the "Application to Extend/Change Nonimmigrant Status," with USCIS.
- Maintain Status: While your application is pending, maintain your valid nonimmigrant status and refrain from enrolling in classes until your change of status is approved.
Please note that the above information provides a general overview, and the specific steps and requirements may vary depending on your country of residence and individual circumstances. It is important to refer to official government sources and seek professional advice for the most accurate and up-to-date information.
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Maintaining student status
International students in the United States on F-1 or M-1 visas must follow certain guidelines to maintain their student status and remain in the country legally. Here are some key points to remember when maintaining student status:
Entering the United States
When first entering the United States, F and M students must arrive no more than 30 days before their program of study begins. They should also immediately contact their Designated School Official (DSO) upon arrival and again no later than the program start date listed on their Form I-20.
Enrolling in a Program
To maintain student status, F and M students must be enrolled in a full course of study each term, meeting their degree requirements during the fall and spring semesters. Summer admits are required to enrol in a full course load during their first summer session. Failure to maintain a full course load may result in falling out of student status, especially if it is due to suspension, expulsion, or dismissal from the academic program. In limited circumstances, students may be eligible for a reduced course load, and they should speak with their DSO immediately if they are unable to study full-time.
Academic Progress
Working While Studying
F students may be eligible for curricular practical training (CPT) at either the undergraduate or graduate level. CPT employment must be integral to the established curriculum and directly related to the student's major area of study. F students may also be eligible for optional practical training during or following their program of study. However, working without authorization can result in immediate removal from the country and possible difficulties re-entering in the future.
Changing Status
If an individual wishes to change their nonimmigrant status to student status, they must meet certain criteria and submit an application with U.S. Citizenship and Immigration Services (USCIS). They must be lawfully admitted to the United States in a nonimmigrant status and not have violated the conditions of their status. Not all nonimmigrant classifications are eligible to change to student status, so it is important to carefully review the instructions and eligibility requirements.
Maintaining Status Upon Graduation
After completing their program of study and any authorized practical training, F students have 60 days to either depart the United States or take action to extend their stay, such as transferring to another school or changing their visa status. M students have 30 days to depart or extend their stay.
It is important to note that these guidelines provide a general overview of maintaining student status in the United States. For specific advice regarding an individual situation, it is recommended to consult with an international student advisor or a designated school official (DSO).
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Changing from F-1 status to a different nonimmigrant status
If you are in the United States on a nonimmigrant visa for a purpose other than studying and want to change your status to become a student, you must submit an application with U.S. Citizenship and Immigration Services (USCIS) to change your nonimmigrant status.
To be eligible to change your nonimmigrant status, you must meet the following criteria:
- You were lawfully admitted to the United States in a nonimmigrant status.
- Your nonimmigrant status remains valid.
- You have not violated the conditions of your status.
- You have not committed any crimes that would make you ineligible for a change of status.
If you meet the above criteria, you can submit an application with USCIS to change your nonimmigrant status. You will need to apply to and gain acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. You will then need to obtain an initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status", from the SEVP-certified school. The designated school official (DSO) should give the change of status in the Issue Reason section of Form I-20. You will also need to pay the I-901 SEVIS fee.
File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. Not all nonimmigrant classifications are eligible to change to student status, so read the Form I-539 instructions carefully to ensure your category is eligible. If your current nonimmigrant status does not permit you to enrol in classes, do not enrol until USCIS has approved your change of status.
If you are applying to change status to M status, you must maintain a valid nonimmigrant status while your Form I-539 change of status application is pending. If your Form I-539 change of status request is approved, your change of status will be effective as of the date of approval.
If your nonimmigrant status will expire more than 30 days before your M-1 program start date, and you wish to remain in the United States until your start date, you will need to file a separate Form I-539 to request to extend your current status or change to another nonimmigrant status, in addition to your other Form I-539 application to change to student status.
Alternatively, you can change your nonimmigrant status by travelling outside of the United States, visiting a consular post, and re-entering with your new visa.
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Frequently asked questions
The fastest way to change your status is to travel outside of the United States, visit a consular post, and re-enter the U.S. with your new visa.
To change your status to an F-1 student, you must submit an application with USCIS to change your nonimmigrant status. You must also apply to and receive acceptance from an SEVP-certified school.
To change your status to an M-1 student, you must submit a Form I-539 application to U.S. Citizenship and Immigration Services (USCIS) for a change of status. You must also obtain an initial Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," from the SEVP-certified school.
Yes, there are some restrictions on changing your status. You must have been lawfully admitted to the United States in an eligible nonimmigrant status, your nonimmigrant status must remain valid, you must not have violated the conditions of your status, and you must not have committed any crimes that would make you ineligible. Additionally, not all nonimmigrant classifications are eligible to change to student status.
