CHANGE OF STATUS TO F-l (Within the United States)

Refer to 8 CFR Section 248 for the regulations.

The following aliens may not! change status in the US: aliens not admitted into the United States, aliens who have not maintained their status, aliens who have violated their nonimmigrant status, any nonimmigrant in C, D, K, or S, or those who entered under the Visa-Waiver Pilot Program (an agreement allowing citizens of certain countries to visit the US for 90 days or less as tourists (their 1-94s are green and have the classification of WT or WB) or J status that are subject to the two-year home-country physical presence requirement.

1. Determine eligibility -refer to 8 CFR Section 248.1 and 248.2
   A. Has the individual maintained lawful nonimmigrant status? Is the status still valid at time of application?
   B. Is the individual eligible to change status? Is the individual eligible for F-1 status?
   C. If not eligible, then they may have to leave the United States and apply for a visa abroad.
2. Individual is eligible for change of status -submit the following to the Service center:
   A. Form 1-539 -completely filled out and signed by student.
   B. Fee for the form 1-539 -Money order payable to "Immigration and Naturalization Service" for $120.00.
   C. Original 1-20 -both copies completely filled out. The DSO and student must sign both copies.
   D. Copy of I- 94 (departure record)
   E. Copy of biographical pages of passport
   F. Copy of visa page and entry stamp in passport
   G. Copy of any immigration documents that provide evidence of applicant's status.
   H. Copy of financial support documents
   I. Letter from student -optional- explain why they want to change status.
   J. Dependent family member documentation -any dependent family members currently in the US that want to change their status should include their information on the Form 1-539 along with all of their documentation as required of the student.
   K. Mail the form 1-539 packet to the Service center -Houston area schools -mail to the: Texas Service Center, P.O Box 851488 -Depart A, Mesquite, Texas 75185-1488
3. Application pending at the TSC
   A. Applicant for change of status may apply to the school but will not be allowed to register for clases untill the change of status is approved.
4. Approval of change of status
   A. TSC will send an 1-797, Notice of Action, which will note the new status with a perforated 1- 94. Safeguard this form (make copies) because this is proof of the change of status. The 1-20 ill (student copy -p.3/4) will be returned with an INS approval in the upper-right hand comer.
5. Denial of change of status
   A. If the application is denied, the student may be required to leave the US on short notice, interrupting their program of study at an inconvenient or academically disadvantageous time.