Change of Status

Instructions and Forms

I.  Do You Need To Change Your Status?

If you currently hold a nonimmigrant status such as B-2 tourist, H-4, or A-1 dependent and wish to change to an F-1 or J-1 student/scholar status, you need to apply for a change of status through the U.S. Citizenship and Immigration Services (USCIS). The probability of obtaining your change of status depends largely on your current nonimmigrant status. For advice, you must meet with an international student/scholar advisor in International Student and Scholar Services (ISSS) before applying for a change of status.

In some situations, it may be easier or more appropriate to travel outside the U.S. to obtain a new visa and/or be inspected by an immigration officer upon re-entry. Depending on your situation, the advisor may recommend one particular procedure as the better option. Individuals who are not in valid immigration status cannot apply for a change of status through the immigration service, but may be eligible to change their status through travel.

In order for ISSS to process your application for a change of status, you must be admitted as a student into a full-time program at DU or be offered employment as a researcher/professor at DU. In addition, to change to F-1 or J-1 status, you will need to be issued an I-20 or DS-2019, as appropriate.

Special Note For B-1/B-2 Status Holders:     The Department of Homeland Security (DHS) adopted new regulations on April 12, 2002. Holders of a B immigration status may not commence a course of study until they have first submitted a change of status application, and received an approval notice granting that change of status. Visitors for business or pleasure (B-1/B-2) may attend classes on a very limited basis, incident to their status. In addition, individuals entering the US as prospective students must declare to the immigration inspector at the airport or border crossing point, that they are entering the US with the goal of attending college. The immigration officer will then make a notation on the form I-94 -- the white card normally stapled into the passport -- that the individual is a prospective student. If the individual does not make this declaration upon entry and receive the notation on his/her I-94 card, he/she may find it difficult to change his/her status to F-1 student or J-1 exchange visitor. B-1/B-2 visa holders who are considering enrolling in a program of study in the US need to plan ahead. Contact an international student/scholar advisor to discuss your situation and your options, preferably before traveling to the US.

II.  Two Ways To Change

A.  Travel Option - Travel outside the US to another country (preferably your home country) where you will need to obtain a new visa for the appropriate status from a US Consulate or Embassy. To apply for the new visa, you will need:

• An I-20 for F-1 students or a DS-2019 for J-1 students/scholars.
• Your unexpired passport (the passport must have at least six months of validity left at the time you apply for the visa)
• A copy of your admission letter (students) or invitation letter from your department (staff/scholars)
• Proof of sufficient funds to cover the first year's costs.
• Receipt of SEVIS fee payment of $100.00
• If applying for F-2/J-2 status you should be prepared to show proof of relationship to F-1/J-1 holder, such as marriage license or a birth certificate.

Be prepared to also present these documents to the immigration officer when you return to the US with your new visa.  Upon return, schedule an appointment with an ISSS advisor within three days so that we can review your documents.

Important Note For Travel Through Canada/Mexico:    
If your visa is expired and you need to apply for a new visa in Canada or Mexico, please be aware that this may be a risky option. Under regulations issued in April 2002, if an individual applies for a new US visa at a US Embassy or Consulate in Canada or Mexico, he or she must wait in Canada or Mexico until the new visa is approved before being permitted to return to the US. In addition, if the visa application is denied, the visa applicant will need to travel directly back to his or her home country to apply for the new visa (i.e. he or she cannot pass through the US on the way back home). For these reasons, we are not advising students and scholars to apply for visas in Canada or Mexico.

B.  Non-Travel Option - To apply for a change of status through the immigration service, the following documents are required. Once the necessary documents have been prepared, ISSS will review the application for completeness and accuracy. If the application is complete, we will send your application to USCIS by certified mail with return receipt requested.

To apply for change of status apply you will need the following: (forms are in .pdf format)

• Request form for an I-20 for F-1/F-2 applicants or DS-2019 for J-1/J-2 student/scholar applicants (we will prepare the I-20 or DS-2019 after you submit all other documents)
• A completed form I-539 Form
• A copy of your I-94
• A copy of your most recent visa,
• A copy of your passport showing name, photograph, date of birth, date of passport expiration,
• Other documents proving your legal status,
• A copy of your admission letter and offer of employment from DU if applicable,
• Proof of sufficient funds to cover the first year's costs,
• A check or money order for the $300.00 processing fee made payable to the Dept. of Homeland Security,
• Receipt of SEVIS fee payment of $100.00
• If you have been on a dependent status proof of your relationship to the primary and that your primary has maintained status (I-20's, I-94, Visa, Passport, Proof of Enrollment/Employment, I-797, etc.),
• Letter explaining why you wish to change your status.

(NOTE: Your letter must explain how your intention changed once you entered the United States. For example, if you entered the US as a tourist, you will need to explain how you changed your mind, with specific details. Without this information, the immigration service may assume that you lied when you entered the US and actually intended to attend school or work. In such cases they usually will deny your application for change of status).

This application must be filed with and approved by USCIS before the expiration date on your I-94 card. The processing time may take several months. If your application is approved, USCIS will return your original I-20 or DS-2019 stamped for change of status. They will also send you a new I-94 card reflecting your new status. This approval only changes your status within the US. You will still need to obtain an F-1 or J-1 visa when you next travel outside the US.

III.    Exceptions and Special Cases

You must meet with an international student/scholar advisor before applying for change of status if:

• You are in J-1 status and subject to two year home residency requirement 212(e);
• You need to leave the US before the I-20 or DS-2019 is returned by USCIS;
• You are in H-1B status and have stopped working for more than 10 days; or
• You are out of status for any reason.

IV.  How to Complete the I-539 Form for Change of Status

Before you submit the I-539 Form, it is recommended that you have an international student/scholar advisor review it. If possible, you are urged to complete the form online, print it out and pencil in any answers of which you are uncertain.

PART 1
Please use the address and phone number for ISSS in this part. If you do not have a social security number, write "None." Likewise, if you do not have an "A number", write "None." The last question in this part can be answered by looking at your I-94 card (a small, white card in your passport, usually stapled on the page opposite your visa stamp).

PART 2
In question 1, check box "b" (change of status). Also, complete the blank with the type of status you are applying for, such as"F-1 student." For question 2, check "a" if you are single or alone in the US Check "b" if one or more of your family members are changing to be in dependent classification. The number you write beside "b" would include yourself and any family members.

PART 3
In question 1 ("I request my status be extended until:"), you will need to write D/S if you are changing to F-1, F-2, J-1 or J-2 status. Others using this form change of status should consult an international student/scholar advisor before completing the form. The rest of the questions in this part are relevant only if an immediate family member already applied for a change of status on your behalf.

PART 4
Consult your passport to give the requested information. Write down your permanent overseas address. The form continues on the second page. Question 3: "a through e" are all yes/no questions. However, if you answer "yes" to any of them, you are required to write an explanation on a separate piece of paper and attach it to the I-539 Form. It is important that you meet with an international student/scholar advisor if you do answer "yes" to any questions in this section. 

PART 5
Sign the form, print your name, and the date, to confirm you have completed it.

V.  ISSS Processing of your request

1. Once you have assembled the required materials, come to see an international student/scholar advisor. At that time your application will be reviewed. If additional items are needed, or if you need to make corrections to any item, we will ask you to collect them before we do any further processing.
2. If your application is complete, we will collect all of the materials from you and process your application. As part of this processing, we will prepare an I-20 or DS-2019 as appropriate for the type of status into which you wish to change. Once this document is ready you will be contacted to come and sign the document.
3. Once you have signed your I-20 or DS-2019, and ISSS has assembled the application packet, we will mail the application to USCIS via certified mail with return-receipt requested.
4. After approximately 3-4 weeks, the immigration service will mail out a notice to ISSS confirming that they have received your application, listing your receipt number (WAC #).

VI.  Waiting

USCIS processing centers handle millions of applications each for a variety of benefits. While we regret the fact that they take such a long time to process requests, it is not uncommon for a change of status application to take 6 months. You can go to the Case Status Online to enquire about the status of your application using the reference number (WAC #) listed on your receipt.

VII.  Final Notes:

If you have questions about the process, please call or e-mail an international student/scholar advisor so that we can assist you. In particular, if you find, after we have sent the application to the immigration service, that you need to travel abroad, you should make an appointment with an advisor as soon as possible.

To download any of these forms you MUST have Adobe® Acrobat® 4.0 installed on your computer. To download Acrobat Reader, click on the Adobe icon below.

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