Changing Your Visa Status

Sometimes individuals who are in the U.S. under another visa category need to request a change of status to F-1. Reasons for the need to change may include that your current status does not allow you to study in the U.S. (full-time or part-time) or the validity of your current visa will end before you complete your degree program.

Please check the chart below for common visa categories and eligibility for study in the U.S. Complete information is found on the U.S. Immigration and Customs Enforcement document named Nonimmigrants: Who Can Study?

Note: ISSS offers limited support to prospective and continuing students who plan to change their status from another category to F-1 status. Meet with an ISSS advisor if you have questions about requesting an Initial I-20 or Change of Status I-20. Each person’s situation is unique.

Categories of Visas Eligible to Study in the U.S. 

Visa Eligible to Study at Marymount Enrollment requirement* Work Eligibility Additional requirements to change visa category
B-1/B-2 No Avocational or recreational only Work is not permitted B visa holders who apply for a change of status to F-1 may not begin attending school in the U.S. until the change of status is approved by USCIS.
F-2 Yes  Part- time ONLY Work is not permitted
A1/A2 Yes Full-time or part-time A-2 students may be able to work if they submit an application and are approved by USCIS for an Employment Authorization Document (EAD) to USCIS, and they will need to talk to the place of employment of whomever holds the A-1 visa that the A-2 visa is attached to confirm that the A-2 holder has permission to work. Diplomats, including dependents of diplomats, seeking change of status to F-1 must submit 2 originals of Form I-566, Interagency Record of Request – Change to/from A, G or NATO Status directly to the Diplomatic Liaison Division or the U.S. Mission to the UN within 30 days after termination. 
J-1 (Au Pair) Yes Part-time ONLY J-1 Au Pairs may work as live-in childcare providers in exchange for room, board, and pay, but cannot seek work beyond that.
J-1  Yes Full-time J-1 students may work for their sponsor on-campus only. Most sponsors will allow part-time work on-campus. Individuals subject to the 212(e) Exchange Visitor Two-Year Home-Country Physical Presence Requirement must first obtain a waiver before submitting a change of status application to USCIS.
H-4 Yes Full-time or Part-time You must have Employment Authorization Document (EAD) to work in the U.S.
G-5 Yes Full-time or Part-time G-5 students can only work under the G-4 visa holder they came with.

*Full Time enrollment for undergraduates is 12 credits, of which at least 9 credits must be in-person, and 9 credits for graduate students, of which at least 6 credits must be in-person.* 

Important Considerations

  • ISSS strongly recommends that students who are on B-1/B-2, F-2, and J-1 Au Pair visas change their visa category by traveling out of the U.S. USCIS may take more than 12 months to review and adjudicate a change of status application. If at all possible, students are encouraged to consider traveling out of the U.S. to change their visa category through visa application at a U.S. embassy or consulate.
  • An additional consideration is that, if a student under B-1/B-2, F-2, or J-1 Au Pair is enrolled only part-time and is later approved for change of status in the middle of the semester, then it may not be possible to switch to a full-time course of study. Students must be enrolled in a full-time course of study to maintain F-1 status or are at risk of immediate or future I-20/SEVIS termination. Students may not add classes after the Last Day to Add.
  • If a student applies for change of status to USCIS while in the U.S. and then travels out of the U.S. while the application for Change of Status is still pending with USCIS, then the student’s application will be considered abandoned.
  • Students who request to change their status in the U.S. and successfully obtain F-1 status do not have an F-1 visa. Therefore, if the student later travels out of the U.S. for any reason, the student will need to apply for an F-1 visa at a U.S. Embassy or consulate to be able to re-enter to the U.S.

Request a Change of Status to F-1

There are two distinct ways for individuals who are currently in the U.S., and who hold a valid nonimmigrant status, to apply for a change of status to F-1 in order to pursue full-time study at Marymount University. To be eligible, you must first be admitted or be a continuing student at Marymount University.

  • It is important that you evaluate your options before requesting the I-20 since the documents are different depending on the process you decide to follow. The F-1 visa application at a U.S. embassy or consulate process requires issuance of an Initial I-20. A change of status process, while in the U.S., by applying to USCIS requires issuance of a Change of Status I-20.
  • To begin, email isss@marymount.edu to inform us of your plans and to request an invitation to log in to the ISSS portal. ISSS will send you a link and instructions. You will then be able to log in to the ISSS portal using your MU credentials. Follow the steps on the numbered tabs across the top of the portal screen. (It is recommended that you use a laptop or desktop to complete the online form. If you use a smartphone, you must use landscape mode.)
  • If you opt to pursue change of status while in the U.S., please note that your current nonimmigrant status must be valid at the moment you submit your change of status application to USCIS until the date the F-1 status will begin.
  • Reminder: students must be in legal status for one academic year (two consecutive semesters) of full-time study to be eligible for Optional Practical Training (OPT).
OPTION 1: Travel Out of the U.S.

Request an Initial I-20 via the ISSS portal. Once you receive your Initial I-20, travel outside of the U.S. to apply for your F-1 visa at a U.S. embassy or consulate. Typically, this is the fastest way to change status to F-1 and you obtain a visa within your passport. ISSS recommends researching current visa appointment wait times and consulting a qualified immigration attorney to answer any specific questions you may have before making your final plans.

  • ISSS will provide you with information about next steps in our email to let your Marymount student email account to let you know that your I-20 is ready for download. You will then be able to pay the SEVIS I-901 Fee, complete your DS-160 form, and schedule your visa appointment at a U.S. embassy or consulate.
  • Once you obtain your F-1 visa from a U.S. embassy or consulate, contact ISSS to find out how to complete mandatory ISSS check-in for SEVIS registration. Failure to complete ISSS check-in on time may adversely affect your current or future F-1 status.
OPTION 2: Apply to USCIS for Change of Status

Request a Change of Status I-20 via the ISSS portal. Once you receive your Change of Status I-20, you would need to apply to USCIS for change of status approval. ISSS recommends that you work with an immigration attorney prior to and during the process of filing Form I-539 with USCIS. Please note that if you change your status while remaining in the U.S., you will need to apply for and obtain an F-1 visa the next time you travel outside of the U.S. before you may re-enter the U.S. in F-1 status.

You may be eligible to submit a Change of Status application to USCIS while remaining in the U.S. if the following conditions are met:

  • Your current, valid nonimmigrant status allows full-time study in the U.S.
  • Your authorized period of stay has not expired and will not expire more than 30 days before your planned Marymount program start date for your F-1 status
  • You do not have previous violations of legal status
  • Your current legal status does not prohibit a Change of Status through USCIS.

Step 1: Make a Change of Status Request to ISSS

  • Click on Tab 2 and select the Change of Status button, select how you plan to change your status (by traveling out of the U.S.). Answer all questions within the online form.
  • Complete the personal information questions on Tab 3.
  • Go to Tab 4 to provide required financial information, including a completed Declaration of Finances form and proof of funding documentation. See information about cost of attendance here.
  • Upload copies of the following: valid passport identification/photo page, current visa from within your passport, most recent I-94, and evidence of association with Marymount (newly admitted students must provide their admission letter; continuing students must provide evidence of current class registration or approved continuous registration).
  • If you are a current Marymount student, then you must complete the final portion of the online form to request academic advisor verification of the number of credits remaining and estimated graduation date. Undergraduate students should input their academic advisor’s contact information. Graduate students should input their graduate coordinator or faculty advisor’s contact information. If you are a current student and you fail to provide the correct information, the online form will be returned to you for Clarification Requested. This may delay the processing of your request. 

3. Once all of the required documents have been submitted (and, for current students, we have received academic advisor approval), allow 10 business days for an ISSS advisor to review your request. If we have questions or need more information, we will contact you through your Marymount student email address.

Step 2: After you obtain a Change of Status I-20 from Marymount

  • Pay the SEVIS Fee (Form I-901) of $350 and print a receipt at https://www.fmjfee.com.
  • Gather the documents you need for your Change of Status application. Consult with your immigration attorney to submit your application to USCIS.
  • Keep the ISSS Advisor apprised of any developments during the process, including submit a copy of your Receipt Notice after you subit your application to USCIS. We recommend that you email isss@marymount.edu once per month with an update. Contact ISSS to update your I-20 program start date, if needed. 
  • Once you receive your Change of Status to F-1 approval notification from USCIS, upload the Approval Notice to your ISSS portal and contact ISSS to find out how to compete mandatory ISSS check-in for SEVIS registration. Failure to complete ISSS check-in on time may adversely affect your current or future F-1 status.

Disclaimer: ISSS provides general information based on SEVP regulations. Guidance given by ISSS staff, including information on our website, in workshops, via flyers/handouts, and on request forms should not be construed as legal advice. USCIS may change its interpretation of U.S. immigration laws and the eligibility requirements for such benefits at any time. Each person’s situation is unique. ISSS strongly recommends that you contact a qualified immigration attorney if you have questions or concerns specific to your circumstances.

 

 

 

07/20/2024