Method 2: Form I-539

Once you have received an I-20 or DS-2019, you can apply to U.S. Citizenship and Immigration Services (USCIS) to change your immigration status to F-1 or J-1 status.

Changing status while staying in the US can sometimes be complicated, and if you choose this method you may wish to consult with an immigration attorney; contact us if you would like a list of local attorneys. Traveling abroad and re-entering is another option.

Preparing your Change of Status Application

Begin by reading the instructions for a change of status using the form I-539.

To apply for an I-539 change of status, you will need:

• USCIS Form I-539
• I-20 or DS-2019 (please sign)
• Personal statement explaining your request to change status (see guidelines).
• Passport identification page
• Current I-94 Record
• Current visa in your passport, if applicable
• Admission letter from William & Mary or VIMS
• Financial documents showing that you have sufficient financial resources to meet the tuition, living expenses, and fees for your program as listed on your I-20
• Evidence that you have maintained lawful status while in the U.S. prior to submitting your application for change of status, and that you submitted your application prior to the expiration of your current status (e.g., H-4 approval notice, F-2 I-20, etc.).
• Receipt of I-901 SEVIS fee payment
• Filing fee; see the USCIS I-539 site.

Students currently in A-1 status must first have Form I-566 approved, and should include this approval with their application. The student's embassy may sometimes file the change of status.

Application Status and Processing Times

• Once you have your receipt number, you can check the current status of your application at any time.
• Check the estimated processing times for the I-539 change of status application; these fluctuate.
• If needed, you can pay for premium/expedited processing for an additional fee.

Advantages

• You do not have to leave the U.S. for the Form I-539 option. If you are worried about not being able to re-enter the U.S., you may want to consider this method. 
• If you are working pursuant to your current status (e.g., H-1B, L-1A, etc) and you wish to work up to, or close to, the start of your program, this method can be advantageous.
• If you are currently a student in the US and want to do OPT or CPT, but will not be able to wait for 2 semesters (or will be graduating before 2 semesters), doing a change of status can sometimes enable you to do this.

Disadvantages 

• The Form I-539 option leads only to a change in your immigration status. You will not obtain a new entry visa by this method.
  • If you leave the US after changing to F-1 status, you must obtain a new F-1 visa before you can return.
  • A visa is only required to enter the U.S.; it is not required to stay in the U.S.
  • When you apply for your visa, you must demonstrate that you maintained your previous status through the filing date of the I-539.
• The timing to change status can be unpredictable (though it is possible to apply for premium/expedited processing), and, depending on your current status, you might not be able to begin study or work until your change of status is approved. This can lead to delays in the start of your program. Remain in close contact with your admissions office, to determine if a deferral is needed.
• Time your application carefully; once your change of status to F-1 is approved, benefits associated with your previous status (such as work authorization) may end.

Additional Information 

Make sure that there will not be a gap of more than 30 days between the expiration of your current status (on your I-94 record) and the start date on your I-20 or DS-2019.

Applicants changing status from B-1 or B-2 to F-1 or J-1 should consult with ISSP staff. 

If any of the below apply to you, you can likely only change your status by using the Travel and Re-entry method.

• You are currently in the U.S. under the "visa waiver" program.
• You are currently in the U.S. as a J-1 exchange visitor or a J-2 dependent and are subject to the Two-Year Home Residency Requirement (Section 212e).
• You are currently in the U.S., but are in violation of your current immigration status (e.g., because your I-94 record expired or you have remained beyond your authorized period of stay in the U.S.).
• If you travel abroad while a change of status application (I-539) is pending, USCIS considers the application abandoned and will reject it.
  • You would then need to follow the steps for travel and re-entry; you can enter the US 30 days or less before your F-1 or J-1 program begins.