Things You Need to Know About Maintaining/Changing Your Nonimmigrant Status
1. Who needs to file an I-539 application?
As a foreign national, one of the most important things is to maintain a valid nonimmigrant status in the United States. So, if your current status is about to expire, you need to maintain your current nonimmigrant status by filing Form I-539. However, if you want to change the purpose of your stay in the United States, you are also required to file Form I-539 to change your status with USCIS before your authorized stay expires. The application is simple and straightforward, so you may file the application yourself. Also, online filing is available for this application.
2. When to file an I-539 application?
Although you may file an I-539 application right before the expiration date of your current status, it is highly recommended that the petition is properly filed with USCIS at least 45 days before your stay expires. The processing time for I-539 could be quite long, and unfortunately, premium processing is not available. Nevertheless, the good news is that you may remain in the United States if your I-539 application has been properly filed but still pending.
3. When will the new nonimmigrant status be granted?
You are still in your old nonimmigrant status unless you receive the approval notice from USCIS. Therefore, do not assume the status has been changed after filing your application or engage in activities which are not allowed based on your current status. For instance, if you entered the United States as a tourist, do not start your study as a student before you receive the approval notice.
***Tip for changing from B-1/B-2 status to F-1 status***
According to the USCIS’ special instructions for B-1/B-2 visitors who want to enroll in school, an applicant needs to file an I-539 application to extend his or her B-1/B-2 status in order to bridge the gap in time between when his or her current status expires and the 30-day period before the new F-1 program start date.
4. What will happen if the I-539 application gets denied?
In general, an I-539 application would be approved. An request for evidence notice is rare for maintaining/changing status application. However, you never know, and it is safer to be prepared for the worst. If your I-539 gets denied and your old status has expired already, then you have to leave the United States within reasonable time. Please note that your unlawful presence begins on the day your old status expires. As the processing time for I-539 is long, it is easy to trigger the three- and ten-year bars.
5. When a change of status application is not necessary?
Many dependents of nonimmigrants who are lawfully admitted to the United States are allowed to attend school in the U.S., and they do not need to change their status to F-1 if they want to go to school. Spouses and children of foreign nations who are in the following nonimmigrant visa categories can attend school without changing to F-1 status:
- Diplomatic and other government officials, and employees (A visa category)
- International trade and investors (E visa)
- Representatives to international organizations and their employees (G visa)
- Temporary workers (H visa)
- Representatives of foreign media (I visa)
- Exchange visitors (J visa)
- Intracompany transferees (L visa)
- Academic (F visa) or vocational (M visa) students (only elementary, middle or high school. A change of status would be required if attending post-secondary school as a full-time student)
6. When a change of status application is not available?
Most foreign nationals may maintain or change their status without leaving the United States by filing an I-539 application. However, foreign nationals in the following categories may not be so lucky, and they must depart the United States as soon as possible when their status expires:
- Visa Waiver Program
- Crew member (D nonimmigrant visa)
- In transit through the United States (C nonimmigrant visa)
- In transit through the United States without a visa (TWOV)
- Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
***Special change of status rules for M-1 and J-1 visa holders***
Vocational students who are in M-1 status may not change their status to:
- Academic student (F-1)
- Any H status (Temporary worker), if the training they received as a vocational student in the United States provided the qualifications for the temporary worker position they seek
International exchange visitors who are in J-1 status may not change their status if:
- They were admitted to the United States to receive graduate medical training, unless they receive a special waiver
- They are exchange visitors who are required to meet the foreign residence requirement, unless they receive a waiver
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