Your status in the US is the immigration category you are assigned when you enter the US and reflects the intentions you have while you are here. Your status is assigned by your I-94 entry record, and is determined by the category of visa that you present to the CBP officer. Your status also defines what rules you need to follow while in the US – for example, students in F-1 status have to be enrolled full-time, but visitors in B-2 status aren’t allowed to pursue study towards a degree If your purpose for being in the US changes during your time here, you have a few options as to how to change your immigration status.
Read on to learn more about changing your status in the US to F-1 or F-2.
Traveling Abroad
You can choose to leave the US, apply for the new appropriate visa type, and return to the US with the new visa. When you re-enter the US and present the new visa, you will be admitted in this new status.
This option is often the fastest method of changing your status, though the cost of travel should be factored into your decision.
You must apply for an F-1 visa in your home country or country of residence. Please note that we recommend that you schedule your appointment prior to departing the US due to high wait times, which vary by location and can be found here.
If you plan to travel abroad to apply for an F-1 visa after being admitted to UMBC, please work with the ISSS office to obtain an I-20 document, which is required for your visa appointment. Additional information about obtaining an I-20 from UMBC can be found here, and information on scheduling a visa interview and applying for an F-1 visa can be found here.
Students who travel and enter the US with a new F-1 visa MUST notify the ISSS office by submitting a copy of their I-94 record. Please submit a Help Ticket with a copy of your recent I-94 record, and write “Change to F-1 via Travel” as the subject line. Additionally, submit a New Student Arrival Documentation Check-In request in the ISSS Portal. This process is required to register you as an active student in SEVIS.
Applying for a Change of Status in the US
You can also choose to remain in the US, and apply to USCIS (US Citizenship and Immigration Services) to change your status in the US. This does not grant you a new visa stamp in your passport – you would still need to apply for the new visa type the next time you leave the US.
Some statuses, such as H, allow you to begin or continue your studies while the application is pending with USCIS, and others, such as B, do not. Other benefits, such as different kinds of work authorization, are not available to you until the change of status is approved. The change of status application processing time varies, usually taking on average 12 months. Please plan ahead to allow time for this lengthy application process. Change of status applications to F-1 can be upgraded to premium processing, which guarantees your application will be reviewed within 30 business days. Premium processing fees can be reviewed on the USCIS by selecting the “I-907” category from the fee schedule.
USCIS requires that you maintain your current immigration status until within 30 days of your application approval, for those changing to F-1 or J-1 status. This means you must be able to stay in your current immigration status until the change to F or J is approved (or more specifically, just before it is approved), regardless of how long it takes. OISS strongly recommends working with an immigration attorney on your change of status application.
To request a change to your current immigration status in the US, you will need to submit an application and supporting documents to USCIS. Please review the I-539 filing fees on the USCIS fee schedule website. . Note you must also pay the $350 SEVIS fee separately and include the receipt in the application.
- You can pay this fee online by filling out the online Form I-901 and using a credit card at www.fmjfee.com. An online receipt can be printed from this website and submitted as proof of payment. A SEVIS number is required to pay the SEVIS fee. Your SEVIS number can be found in the top right corner of your I-20.
After successfully filing your application, you will receive a receipt notice. This receipt will include a reference number specific to your application, which must be used when contacting USCIS about your case. You can follow the progress of your application on the web at http://www.uscis.gov/, under “Check Your Case Status.” Once your application is approved, you will receive an approval notice. The approval notice will have a new paper I-94 attached, indicating your new status in the US and the duration of time you can remain in the US with that new status.
Once your change of status has been approved, you will be in legal F-1 status within the U.S. However, if you leave the country and do not have a valid F-1 visa in your passport, you will need to apply for and obtain the appropriate visa stamp at a U.S. Embassy or consulate in your country of citizenship or residence before returning to the U.S. Your visa type determines your status when you enter the US.
OISS strongly encourages potential change of status applicants to discuss the timing and process options of your application with both our office and an immigration attorney before taking any action! While we can help with basic advising, please note that our office is not a immigration law firm and this is a personal application to USCIS. Our assistance is NOT legal advice. Complex cases will be strongly encouraged to work with an immigration lawyer to help ensure a smooth application process, and all cases should consider this option.
Information for changes to F-1 from specific categories that have unique concerns:
Change from B-2 Visitor to F-1 student: If you entered the U.S. on a B-2 tourist visa and are applying for F-1 student status, there is a very strong chance that your request to change to F-1 will be denied. The exception to this would be if your B-2 visa is marked as “prospective student.” You are NOT allowed to attend classes while in B-2 status, except if those classes are “recreational or non-vocational.” B-2 applicants also have the additional burden of maintaining their B-2 status until their change to F-1 is approved, which often means applying for a B-2 extension. OISS does not have the expertise to assist in this process in any way.
Change from F-2 dependent to F-1 student: F-2 individuals are not able to attend school full-time, and must have an approved change of status to F-1 before beginning their full-time studies at UMBC. F-2 students can attend school part-time. Please note that F-2 children will age out of their status on their 21st birthday or upon marriage, whichever is first.
Change from J-1 or J-2 to F-1 student: Immigration regulations do NOT allow a person in J-1 or J-2 status to change to a new status while in the US if they are subject to the 212(e) 2 year return requirement. However, someone subject to 212(e) in one of these statuses can leave the US to apply for an F-1 visa and return to the US in F-1 status. Please be aware that gaining an F-1 visa abroad and returning in F-1 status will NOT remove the obligation of the two-year home residency requirement, though this can be postponed until after your F-1 studies and any post-completion OPT are complete. You will need to request a waiver from your home government or the agency that is sponsoring you to avoid the 2 year return requirement. For more information on the 2 year requirement, please read more here, about 2/3 down the page.
J-1 or J-2 individuals that are NOT subject to 212(e) home residency requirements are eligible to change their status in the US. You can determine if you are subject by checking your J-1 or J-2 visa stamp or on your DS-2019. If UMBC is your J-1 sponsor, please consult with OISS before beginning the change of status process.
Change from A or G to F-1 student: An I-566 form must be completed with your primary G or A visa holder’s employer before submitting a change of status application. This form can take some time, so please plan ahead.
Change of Status to F-1 Application Checklist
- Completed application form I-539 (we recommend submitting the application via USCIS’s online application system):
- Suggestions for form I-539:
- Use an address where you will receive mail for at least 12 months. If you might move, we recommend listing a mailing address that you will continue to have access to, or you can change your address with USCIS online anytime after you receive a receipt number for your application.
- For Part 2, question 3b, the start date of your I-20 would go here.
- For Part 3, question 1, the end date of your I-20 would go here.
- Be sure to complete Part 4 question 14, and briefly explain how you will support yourself financially, or what kind of work you have done in the US, depending on your answer on page 8.
- Suggestions for form I-539:
- Copy of your passport biographical page and visa pages
- Copy of I-94 record, or original I-94 card if you have the older card in your passport and not an electronic record
- Copy of ALL immigration documents relevant to your current status – for example, if you hold H-4 status, all of your I-797 H-4 approval notices.
- Application fee payment:
- Please note: If submitting by mail, USCIS only accepts electronic payments for paper-filed applications.
- Payments can be made via credit card or debit card using Form G-1450, Authorization for Credit Card Transactions, or via ACH debit transactions from a U.S. bank account using Form G-1650, Authorization for ACH Transactions.
- Please note: If submitting by mail, USCIS only accepts electronic payments for paper-filed applications.
- A letter written to USCIS requesting F-1 status and explaining the reason for the change of status
- Evidence of Financial Support (Letter or Affidavit from Sponsor, and account balance or bank statement for appropriate amount – detailed requirements available here)
- Please note, while not required, it is not uncommon for change of status applicants to be asked to provide a 3 month history of funds from their financial sponsor. If available, we recommend including these with the application.
- Copy of signed Form I-20 *Please note, the I-20 cannot be more than 30 days old when received by USCIS!
- Receipt showing payment of $350 SEVIS fee, also called an I-901 fee (can only be paid after receiving the I-20, using the SEVIS ID from the I-20)
Additional Information for a Change of Status TO an F-2 Dependent Visa:
- All documents listed under F-1, above (please note that an F-2 applicant does NOT need to pay a SEVIS fee)
- Copies of Primary (F-1) Visa Holder’s documents:
- I-94 printed record or card
- Passport biographical page and visa pages
- I-20
- I-901 SEVIS fee receipt
- Support letter from F-1 visa holder, indicating that they want you to be their dependent in the US
- Copy of Marriage Certificate, if applying for status as an F-2 dependent spouse
- Copies of F-1 transcripts (if applicable)
- Copy of the F-1 EAD card (if applicable)
Submission Information
We recommend submitting your application using USCIS’s online application system. Applications can also be mailed using the most appropriate address from this list:
https://www.uscis.gov/i-539-addresses