Change of Status - B2 Visitor to F1 Student
Change of Status - B2 Visitor to F1 Student
A nonimmigrant B-2 visitor for pleasure may wish to change to F-1 student status in various sets of circumstances:
1. The student has a B-2 Visa bearing the notation "prospective student". Consular officers are authorized to write "prospective student" on a B-2 Visa issued to a person who has been admitted to a particular school and has a Form I-20 from that school, but intends to enter the United States more than 90 days before classes begin; intends to become a student but has not yet chosen a school in the United States and wishes to visit more than one school before making a selection; needs to be in the U.S. to take an examination or have an interview that is required for admission to a school; or has credible evidence of admission to a U.S. school but does not have a Form I-20. A person with a B-2 Visa marked "prospective student" should routinely be able to obtain a change to F-1 status.
2. Conditions in the preceding paragraph may apply, but the consular officer has neglected to write "prospective student" on the B-2 visa.
3. The student entered the U.S. in B-2 status and, after arriving in the country, decided to attend school, applied to a school, and was admitted and obtained a Form I-20.
4. While outside the U.S. the student believed that he or she would encounter difficulty in securing an F-1 visa from a consular officer, obtained a B-2 visa, and entered the country intending to apply to change to F-1 status once in the U.S.
Individuals in categories 1, 2, and 3 should be able to change to F-1 status, although those in categories 2 and 3 may have difficulty. Such individuals must provide whatever information or evidence available to support their contention that they are entitled to change to F-1 status. Individuals in the fourth category will be denied a change of status because they have misrepresented their purpose in seeking admission to the United States by failing to reveal their intention to study when applying for a visa when entering the country. Such individuals should consider leaving the United States temporarily, obtaining an F-1 visa at a consular office, and reentering the country in F-1 status.
APPLICATION PROCEDURE
Your request for change of status to the Bureau of Citizenship and Immigration Services (BCIS, formerly INS) should consist of the following:
1. Completed Form I-539 with $195.00 fee (check or money order made payable to BCIS).
2. Photocopy of both sides of Form I-94 (I-94 forms of dependents also) and original Form I-20.
3. Photocopy of the data pages in your passport (dependents' also).
4. Financial verification.
5. If "prospective student" is not stamped on your B-2 Visa, include a letter explaining why you are entitled to change to F-1 status.
Make an appointment with an adviser in OISS to review the above documents and then send by certified mail with return receipt to your service center:
for example:
U.S. Department of Justice
Bureau of Citizenship and Immigration Service
Northern Service Center
P.O. Box 87539
Lincoln, Nebraska 68501-7539
Note: It may take up to six months to get a response from BCIS. If you have not received an answer after 6 months from the date the application was received, make an appointment with an adviser in OISS. The adviser will follow-up on your application.
