Change from Tourist Status to Student Status to Study in the United States

Oftentimes, visitors or tourists (B1/B2 visa-holders) who come to the United States want to stay in the U.S to study to further their education.  In order to study in the United States, B1/B2 visa holders must change their status to a F1 student, which authorizes studying in the United States.   You must file Form I-539 to change nonimmigrant status with USCIS before you can start studying.

Change nonimmigrant status to F-1 Student status – MUST BE AWARE OF THESE ISSUES

1. In most cases, it will take about 3-4 months to gain approval for a change from B1/B2 to F1.  In some cases, it may take even longer.  This is problematic because a 6-month visitor’s visa will expire while you are waiting for USCIS to approve the change.  Thus, you are left without a valid visa to re-enter the U.S. if you leave the country while waiting for the change to be approved.
2. While waiting for USCIS to approve the visa category change, you will remain in B1/B2 visitor status. You cannot obtain employment authorization or a Social Security number while you are in B1/B2 status. Since many states in the U.S. will not issue a driver’s license to persons without Social Security numbers, you may run into transportation difficulties.
3. In order to gain approval of a change from B1/B2 visitor status to F1 student, your application will have to convince USCIS officials that you did not enter the U.S. on a visitor’s visa because you could not, or thought you could not, obtain a student visa.
4. If you apply for a change from B1/B2 to F1 very soon after arriving in the U.S., USCIS officials will probably deny your application.  USCIS considers that a rapid change from visitor’s status to student status is evidence that you misrepresented your purpose for coming to the US and that you should leave the country and apply for a student visa in the normal manner.
5. Even after USCIS approves the change, you are still left without a valid visa.  After approval, you will be legally present in the U.S. as a student.  But if you leave the US, you will have to obtain a new visa in order to re-enter this country.  There is NO guarantee that officials at consular offices and embassies will agree to issue the new visa.

“Immigrant Intent” denial of Form I-539

US Immigration law does not permit “immigrant intent” for any nonimmigrant status holders.  This means that if an application for immigration (immigrant visa, green card) has been filed for the applicant of Form I-539, USCIS may deny the application to change to F-1 student status on the basis that the applicant has demonstrated immigrant intent by filing an immigrant visa petition with USCIS.

Application to Change to F-1 Student Status – Helpful Tips

1. Read USCIS Form I-539 instruction carefully
2. Review your evidence for completeness
3. Double check filing fees and filing addresses on the instruction
4. Check estimated processing time on USCIS website
5. Regularly check your extension application processing times
6. Respond to USCIS request for additional evidence carefully and completely

Spouse and children can also change status on Form I-539

Spouse and children (must be unmarried and under 21) are also included in Form I-539, and no additional filing fee is required. If approved, spouse and children’s immigration status will be changed to the derivative status of the principal application.  For example, a tourist who decides to study in the United States can file a change of status application to change status from B2 to F1, and his spouse can change status to F2, a dependent status to her husband’s F-1 status.

Appeal USCIS denial of Application to Change Status to F-1 (Motion to Reopen)

USCIS may deny the application to change to F-1 status for various reasons, such as insufficient evidence or failure to respond to request for evidence.  A letter of denial will be issued along with Form I-290B, the application for motion to reopen.  The appeal must be filed on Form I-290B or else it will not be accepted by USCIS.  Unless the motion to reopen is to correct a service mistake, you must pay the applicable filing fee with USCIS. Under immigration law, the motion to reopen must be filed within 30 days of the decision, with 3 extra days taken into consideration for mailing.

Immigration Lawyer Assistance with Changing Status to F-1

To learn more about how to properly prepare and file a change of status application on Form I-539, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.