Overview

If you are presently in the US in a nonimmigrant status (such as F-2, H-4, etc.) and have been accepted for admission as a full-time student, it may be necessary to change to F-1 or J-1 student status in order to study at MU. This is particularly true if your program of study involves on-campus employment, a graduate assistantship, or participation in an internship. Remember, some nonimmigrant statuses (e.g., H-4) allow school attendance without changing status, but also prohibit employment.

There are two ways to obtain a new nonimmigrant status:

1. travel outside of the US, obtain the proper visa, and re-enter the US using the new visa
2. submit an application to Immigration

Each option has its own advantages and disadvantages. An ISSS advisor can assist you in reviewing your options. Please contact an ISSS advisor or the International Center at (573) 882-6007 to make an appointment with an advisor.

1. Changing Your Immigration Status by Travel

Once you have obtained an I-20 or a DS-2019 from ISSS, you can travel outside of the US (preferably to your home country), apply for an F-1 or J-1 entry visa at a US consulate overseas, and re-enter the US using your new visa. To apply for a new visa, you will need to present:

• I-20 for F-1 students (DS-2019 for J-1 students)
• Valid passport
• Copy of your admission letter from MU
• Financial support documentation demonstrating sufficient resources to cover the tuition, fees, and living expenses for your program of study.
• Proof of ties to your home country, e.g. family relationships, employment, property, etc.
• Receipt documenting that you have paid the SEVIS I-901 fee
.

All of the above documents should be presented when applying for a visa and (with the exception of the ties to your home country) again upon entering the US. Upon clearing Immigration inspection, you will be in F-1 or J-1 status and your new I-94 card will be marked accordingly.

2. Changing Your Immigration Status by Application to Immigration

Once you have obtained an I-20 or DS-2019 from MU, you may submit an application to the U.S. Citizenship and Immigration Services (USCIS) to request a change in your nonimmigrant status to F-1 or J-1 status. The following documents are required with all change of status requests; for additional requirements based on your current status, please see Additional Documentation Required for Specific Visa Types.

1. Prepare all of the materials on the change of status checklist (including the supplemental evidence based on your current status).
2. After you have prepared the documents, mail the application to Immigration.
3. Immigration will adjudicate your application typically within 1 - 4 months after receiving it. It is not unusual for Immigration to contact applicants with requests for more information prior to making a final decision. Once Immigration completes adjudication of your application, you will receive written confirmation of their decision.

Please note that the non-travel option leads only to a change in your immigration status. You will not obtain a new visa in your passport by this method. If you receive a change of status in the US, you must still obtain a new visa the next time you travel outside the US, if you wish to re-enter as an F-1 or J-1 student.

Important Restrictions

If any of the below apply to you, you can only change your status by traveling outside the US and re-entering with a new visa; you cannot use the non-travel option.

• You are currently in the US under the "visa waiver" program or as a B-1/B-2 tourist
• You are currently in the US as a J-1 exchange visitor or a J-2 dependent and are subject to the Two-Year Home Residency Requirement
• You are currently in the US, but are in violation of your current immigration status (e.g., you have remained beyond your authorized period of stay in the US)

Additional Documentation Required for Specific Visa Types

A (A-1, A-2, or A-3). Before you submit an application for change of status to Immigration, you must complete Form I-566 and send it to the Department of State for a recommendation. The recommendation must be enclosed with your change of status application when it is sent to Immigration. If the department does not recommend approval, USCIS is will not approve a change of status request. Form I-566 must be signed by an official of the diplomatic mission employing you or your parent or spouse and submitted to: Office of Protocol. US Department of State, Washington, D.C. 20520. As long as you are accredited or listed by the Department of State as entitled to diplomatic status, you may not change to F-1 status.

B (B-1, B-2, B-1/B-2). Regulations that went into effect on April 12, 2002 were designed to prohibit B visitors from beginning a program of study without first obtaining approval for a change of status to F-1 or J-1 student. Furthermore, the regulation also restricts approval of a change of status to those B visitors who demonstrate they had no preconceived intent to study in the US prior to entering the country on the B-visa. Therefore, only a B visitor who declares upon entry to USCIS port-of-entry official their intention to attend school or investigate different schools may be eligible for a change of status to F-1 or J-1. If you made this declaration, the notation "prospective student" will be written on your I-94 card. If your I-94 card does not have this notation, you are not eligible for a change of status to F-1 within the US, and you will need to apply for an F-1 visa at a US consulate overseas.

C (C-1, C-2, or C-3). Persons in C status are not permitted to change to any other status.

D (D-1 or D-2). Persons in D status are not permitted to change to any other status.

E (E-1 or E-2). Changes from E status to F-1 are usually granted to dependents as long as the principal is still employed as a treaty trader or investor at the time the application is submitted. Proof of this employment should be included with the application.

F-2. If an F-2 spouse or child wishes to begin an academic program, he/she must change to F-1 status prior to enrollment. The F-2 should show that he/she is going to attend school full-time and that he/she has very definite career plans for which a degree is necessary. The original F-1 spouse should submit proof that he/she continues to be in status at the time of the application. All applications for F-1 (from F-2) status must submit proof of the relationship to the F-1 (birth or marriage certificate). The F-2 must demonstrate adequate financial resources independently from the F-1 spouse to pursue a full course of study.

G (G-1, G-2, G-3, G-3, G-4 or G-5). Before applying for a change of status, you must complete Form I-566 and submit it to the Department of State for a recommendation. When the Department returns the form to you, it must be enclosed with your change of status application. If the Department recommends against approval, USCIS will not approve your change of status. You may not change from any G status as long as you or your principal spouse or parent is accredited as a diplomat. The I-566 must be signed by an official of the diplomatic mission employing you or your parent or spouse. If the employer is the United Nations or a mission to the UN, the I-566 is submitted to the United States Mission to the UN, 799 UN Plaza, New York, NY 10017. Otherwise, the application should go to the Office of Protocol, US Department of State, Washington, DC 20520. All applicants in G status must take care to show the immigration service that they intend to return to the home country after completion of studies.

H (H-1, H-2, H-3, H-4). Changes from H-4 status to F-1 can be made when the application includes proof that the principal is still employed by a sponsoring employer. H-1, H-2 and H-3 visa holders may apply for changes while in status, but extra care must be taken in answering Questions #2, #3, and #5 on the I-539 application form. USCIS must be convinced that the applicant is not simply trying to postpone return to the home country, that the original H activity was genuine, and that there is a valid professional or academic objective connected to the plan for study. It is important to state clearly that you will return to the home country after studies.

I. Changes from I status to F-1 status are not difficult when it is shown that the principal is still employed by the media sponsor. It is very important to convince USCIS that the applicant intends to return to the home country when studies are completed.

J (J-1 or J-2). A foreign medical graduate who entered the US in a status other than J and then changed to J status to obtain graduate medical education or training may not change to F-1 status. Other J-1 or J-2 applicants must obtain waivers of the two-year home residency requirement, if subject, before applying for a change, and must maintain J status at all times until the waiver is granted and the change of status application is submitted. When there is no need for a waiver, applicants do not need permission or approval of the Department of State or program sponsors to change to F-1. Persons in J-1 or J-2 status are considered to be in-status for 30 days after completion of studies or after completion of academic training, and may apply for a change of status during the 30-day grace period.

K (K-1 or K-2). Persons in K-status may not change to any other nonimmigrant status.

L (L-1 or L-2). Changes from L-2 to F-1 are easily made as long as there is evidence that the L-1 principal continues to work for the sponsoring company. An L-1 may change to F status when the application is submitted while he/she is still working for the sponsoring company and when it is shown that there is a valid academic or professional objective. All L applicants should be careful to show that they intend to return to the home country when studies are completed.

M (M-1 or M-2). A student in M-1 status may not apply to change to F-1 status unless it can be shown that USCIS mistakenly admitted the student in M-1 status when it should have admitted him/her in F-1 status. Changes from M-1 to J-1 are permitted. There are no rules against changes from M-2 to F-1 or M-1 to F-2. M status is valid until the expiration date on the I-94, plus 30 days. M-1's and M-2's are also in status while awaiting a USCIS decision on an application for practical training which was submitted before the end of 30 days after completion of studies, during any authorized practical training, and for 30 days after the completion date on the I-20 submitted with the application for practical training approval.

NATO statuses. Though both principals and dependents in the seven NATO statuses are often eligible for changes of status to F-1, there are many exceptions and special rules.

N (N-8 and N-9). Persons in N-8 and N-9 status are special immigrants to the United States and are not eligible to change to F-1, J-1, or any other temporary nonimmigrant status. After certain time requirements have been met, persons in N statuses are expected to adjust to permanent resident status.

O (O-1, O-2, or O-3). Though there is no rule preventing a change to F-1 status by an O-1, it may be difficult to convince USCIS of the need for additional education. Persons in O-2 status should show that they engaged in the activities for which the status was granted. Students in O-3 status should have no difficulty in making the change to F-1 as long as the O-1 or O-2 principal is still in lawful status at the time the change application is filed. A person in O-status is considered to be in valid status for 10 days after the authorized stay is expired.

P (P-1, P-2, P-3, or P-4). Same as O, above. Principals in P-1 status may also find it difficult to convince USCIS of the need for an academic program. Changes from P-4 to F-1 should be easily made, as long that the principal is still in status. Persons in P-status are also in valid status for 10 days after the expiration of authorized stay.

Q. When there is evidence that a person in Q-status has engaged in the activities for which he/she was admitted to the US, a change of status to F-1 will require evidence that there was no preconceived intent to become a student prior to entering the US in the Q-status. Q-status is valid for 30 days past the authorized stay.

R (R-1 or R-2). A change of status to F-1 status for a person in one of the R statuses may be permitted if the planned education will enhance a religious vocation for the principal or provide a career in the home country for the dependent, though both should meet a high standard of convincing USCIS of the intent to return to the home country.

S (S-1 or S-2). Persons in the S-statuses may not change to other nonimmigrant statuses.

TN or TD status. Persons in these statuses, when the principal is employed or doing business required under the terms of the North American free Trade Agreement, should encounter little difficulty in changing to F-1 status, though returning to Canada and reentering with an I-20 may be faster, easier, and simpler than applying for a change through USCIS.

WB or WT status. Persons admitted under the Visa Waiver Program may not extend or change status under any circumstances.