Change of Status Students

The decision will be made solely by the USCIS officer who will adjudicate the change of status application.  USCIS business practices and regulations may change without notice. 

The student is responsible for information provided in the COS application and decisions made by USCIS do not reflect the actions of the HCC International Services and Programs.

 

Do not travel outside of the U.S. while your COS case is pending. If you leave the country, USCIS will consider your application abandoned. In case you must travel because of an emergency/unexpected circumstance while your COS case is still pending with USCIS, you should plan to withdraw your application from USCIS and notify our office via email as well.

 

 

If you obtain your F-1 status through a change of status process with USCIS, remember that you will only be granted an F-1 status, not an F-1 visa. 

This means that the first time you travel outside the U.S. while in F-1 status, you will have to apply for an F-1 visa at a U.S. consulate/embassy in order to be able to return to the U.S.

You need to schedule an appointment at the U.S. Embassy/ Consulate abroad and submit all necessary documents while you are outside of the U.S. 

 

It can be much more difficult to obtain a visa stamp in a 3rd country, such as Canada or Mexico, if you are not a national of that country. 

If you intend to apply for a visa in a country other than your home country, you will need to check with the consulate/embassy to determine if this is an option.

If denied a visa, you must return to your home country to apply for a visa there. 

 

If your nonimmigrant status is based on the fact that you are a family member or dependent (unmarried children under 21 years of age) of an individual who has already been granted nonimmigrant status, then you must file your application while that individual maintains a valid nonimmigrant status. Family members and dependents are limited to the same period of authorized stay as the principal immigrant.

You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application change of status, but only if you are all now in the U.S. and in the same status or they are all in derivative status.  The primary applicant applies for a Change of status to F-1, while the co-applicants will be included in the primary applicant's I-20 and will each receive an F-2 I-20 that should be submitted as supporting evidence with the I-539A application.

If you apply as part of a family, you may choose to:

Apply together, using paper Form I-539, and pay a single fee; or

Apply online as individuals, and pay a fee for each application.

 

The EOIR provides a listing of attorneys in your state who provide immigration services either for free or for little cost. They also provide a list of accredited representatives and recognized organizations. The American Bar Association also provides information on finding legal services in your state.

When choosing an attorney you should:

• Make sure that the attorney is eligible to practice in – and is a member in good standing of the bar of the highest court of – any U.S. state, possession, territory or commonwealth, or the District of Columbia.
• Make sure that the attorney is not under any court order restricting his or her practice of law.
• Ask to see the attorney’s current licensing document, and verify through the state agency responsible for regulating attorneys that he or she is eligible to practice.
• Check the List of Currently Disciplined Practitioners. This is where the Executive Office for Immigration Review lists people who have been expelled, disbarred, or suspended from practicing law before USCIS. Attorneys who are on the list and who have a “No” in the last column on the right are not eligible to give you legal advice. Ask to see a copy of the reinstatement order from the EOIR.

WARNING: “Notarios,” notary publics, immigration consultants and businesses cannot give you immigration legal advice unless they are authorized service providers. In many other countries, the word “notario” means that the individual is a powerful attorney, but that is not true in the U.S. If you need help with immigration issues, be very careful before paying money to anyone who is neither an attorney nor a EOIR-accredited representative of a EOIR-recognized organization.