Change of Status to F-1 Student
Prospective international students may wonder whether or not they need to change their status in order to study at Lewis University. To determine whether or not you need to file a change of status, you should contact the Lewis University International Student Services Office. We will help you make this determination and assist you with the process. Here are some questions which we use to determine if a change of non-immigrant status is necessary:
If you answered yes to any of the above AND you have no plans to travel outside of the U.S., you should make an appointment with the ISS Director to apply for a change of status.
To apply for a change of status (COS), you must make an appointment with the ISS Director. Please note that it is imperative that US CIS receives your application before the expiration of your current immigration status.
There are some restrictions for applying for a change of non-immigrant status. You may apply for a change of status, if you are a non-immigrant in the U.S. You may not be granted a change of status if you were admitted to the USA under the “Visa Waiver Program” or if you are a J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement (you would only be eligible for a change of status to A or G status, or you may leave and apply for a B or O status). You may also be denied an application if you are out of status, have failed to maintain your status, were not inspected at a port of entry when entering the USA, or if you have worked without authorization in the United States.
Please note: If you are changing status from H-1, H-2, H-3, or H-4, L-1, L-2, or other employment based non-immigrant visa status to F-1 or J-1 status, and you, or a member of your family has, or intends to file, an immigrant visa petition for U.S. permanent residency, you should consult your immigration attorney about the immigration implications of a change of status.
Below you will find a list of the forms and documents you will need in order to file for a change of non-immigrant status.
Some non-immigrants wish to attend school while their change of status is pending.
Federal regulations reflect that individuals holding B-2 status may not begin a course of studies prior to obtaining the approval of a change of status application from the US CIS. To do so would be a violation of his or her B-1 or B-2 non-immigrant status. This is true even where that individual has a “prospective student” notation on his or her B-2 visa stamp. The term “course of study” implies a focuses program of classes, such as a fill-time course load leading to a degree, or in the case of a vocational student, some type of certification. Casual, short-term classes that are not the primary purpose of the alien’s presence in the United States, such as a single English language or crafts class, would not constitute a “course of study.” Courses with more substance or that teaches a potential vocation, such as flight training, would be considered part of a “course of study” and thus would require approval of a student change of status application.
Similarly, the U.S. CIS changed the regulations governing enrollment for F-2 dependents on January 1,2003. Under this rule, the F-2 spouse of an F-1 student may not engage in full time study, and the F-2 child may only engage in full time study if the study is in an elementary or secondary school (kindergarten through 12th grade). The F-2 spouse and child may engage in study that is vocational or recreational in nature. Full time study is defined as 12 credit hours for undergraduate students and 8 credit hours for graduate students. Thus any F-2 dependent wishing to enroll full time at Lewis University must apply for a change of status to F-1 status and abide by all F-1 regulations after that change of status is approved. An F-2 spouse or F-2 child violates his or her nonimmigrant status by engaging in full time study.
If you have an application for a labor certification or permanent residency pending, or if you are the beneficiary of an immigrant visa petition, you must consult with a U.S. Immigration attorney before filing for a change of non-immigrant status.
The following materials must be included in your application for a change of status:
Northern Regional Service Center
U.S. Citizenship and Immigration Services
U.S. Department of Homeland Security
P.O. Box 87539
Lincoln, NE 68501-7539
It may take several months for THE US CIS to respond to your request. Processing times vary. Please note that under new immigration rules you may not begin classes or employment if you are changing from B-2 status to F-1 status until the US CIS approves your application. When the change of status is approved, you are required to be a full time student within 60 days.