F-1 Immigration Status Change FAQ
FAQs
What is F-1 student status?
F-1 student status is a non-immigrant classification granted to individuals residing temporarily in the U.S. is to pursue full-time academic study. F-1 status requires enrolling in and completing a full-time course load (12 credits - undergraduates, 9 credits - graduates; 6 credits - doctorate) each semester. F-1 students are eligible for limited employment authorization.
Do students have to change status to F-1 student?
Most visa statuses allow study. However, changing to F-1 status comes with employment benefits. For example, someone in H-4 status can study full-time in a degree program but is not eligible to work. If they change to F-1 status, they will be eligible to work on-campus immediately. Some individuals are required to change their status. B-1/B-2 status prohibits study.F-2 status limits study to part-time. Students must work with OISS and an immigration attorney to change their immigration status if they wish to study full time in a degree program.
How can I obtain F-1 student status?
There are two ways students can obtain F-1 status. One is to leave the U.S., obtain an F-1 visa in the passport, and re-enter the U.S. The second is to apply for a change of status with the United States Citizenship and Immigration Services. Change of status application processing times can be lengthy.
Is a change to F-1 status the same as the F-1 visa?
No. F-1 status only permits a student to remain in the U.S. to study full-time and receive benefits of F-1 status. If a student changes to F-1 status and then travels outside the U.S., they will be required to apply for an F-1 visa at a U.S. embassy or consulate before traveling back to the U.S. to resume studies. Approval for a change of status within the U.S. does not guarantee that the embassy will issue an F-1 visa. The USCIS and the Department of State function autonomously and both agencies make decisions independent of one another.
Is it better to apply directly for the F-1 student visa at home or apply for a change to F-1 status here?
Every case is different. If a student travels frequently, they may want to apply for a visa from outside the U.S. Students not planning to leave the U.S. should apply for a change of status as soon as possible. The visa issuance process can be difficult. The U.S. Embassy may view changes to F-1 status in the U.S. as an attempt to avoid the consular visa process and may question why the student did not originally apply for the F-1 visa in their home country.
Who is eligible for a change to F-1 student status?
Students are eligible to change to F-1 status when they have been accepted to Rollins College and are eligible to receive an I-20. They must also be currently maintaining their present nonimmigrant status and have an unexpired Form I-94.
What if the student’s authorized stay in the U.S. has expired?
If the student’s authorized stay in the U.S. has expired, it is difficult to change status. The student must prove that circumstances beyond their control prevented them from filing the change of status before their stay expired.
Should I hire an attorney to help me?
We recommend that students use an immigration attorney to file for a change to F-1 status.
Can a student start school before they change status?
Most students filing a change of status may start school regardless of application status. Students in B1/B-2 status must receive the approval notice granting F-1 status before beginning study. Students in F-2 status may only start studying part-time while the change of status application is processing times.
When should a student file an application with the U.S. Citizenship and Immigration Service to change my status, when should I apply?
If you are in B-1/B-2 status, you should not apply too soon after your arrival and not too close to the expiration date on your Form I-94. Students should meet with the Director of International Student Support to discuss the timing of the application.
What happens to one’s current status while waiting to receive an answer from the USCIS?
Students should maintain their current nonimmigrant status even if the I-94 expires while USCIS is reviewing the application for a change to F-1.
What documents are required for the change of status application?
Please review the following documents:
1) Application Checklist - This checklist can be used as a guide for items that you may need to file the application. However, please follow the guidance of your immigration attorney.
2) Form I-539 (USCIS Change of Status Application Form)
3) Form I-566 (If you are currently in A, G, or NATO status)
How do I file my application?
We recommend working with an immigration attorney to file the application.