Change of Immigration Status
Change of immigration Status
If you are currently in the United States in another nonimmigrant status and would like to obtain F-1 or J-1 student status, there are typically two options: applying for a change of status with U.S. Citizenship and Immigration Services (USCIS) from within the United States or traveling outside the United States and returning in F-1 or J-1 status.
The appropriate option depends on your individual circumstances. Please contact CGPS before beginning the process to discuss your situation and the timing of your request.
You may obtain F-1 or J-1 status by traveling outside the United States, applying for F-1 or J-1 visa at a U.S. embassy or consulate (if required), and returning to the United States under F-1 or J-1 status.
Before traveling:
- Contact CGPS to discuss your situation and the timing of your request.
- Submit the Request for an F-1 I-20/J-1 DS-2019 form to CGPS.
- Pay the required SEVIS I-901 fee after receiving your I-20 or DS-2019.
- Apply for and receive an F-1 or J-1 visa from a U.S. embassy or consulate, if required.
- Enter the United States using your F-1 or J-1 immigration documents.
- Review your electronic I-94 record to confirm that you were admitted in F/J status.
- Complete ISSS Government Check-in or any other steps as needed to activate your F-1 or J-1 SEVIS status.
Depending on their current nonimmigrant status, some individuals may be eligible to change to F-1 or J-1 status without leaving the United States by applying for a change of status with USCIS.
Not all nonimmigrant classifications are eligible to change status within the United States, and additional restrictions may apply in certain circumstances, including J-1/J-2 exchange visitors subject to the two-year home country physical presence requirement.
Please note that application eligibility, timing, and permitted activities (study and employment) vary depending on an individual's current immigration status; contact CGPS before beginning the change of status process.
Requesting an I-20 or DS-2019 from CGPS
If you plan to apply for a change of status to F-1 or J-1 within the United States:
- Contact CGPS to discuss your eligibility and the timing of your request.
- Complete the CGPS F-1 I-20/J-1 DS-2019 application.
- CGPS will issue an I-20 or DS-2019 for your change of status request.
- Pay the SEVIS I-901 fee after receiving your I-20 or DS-2019.
- Review the current USCIS filing requirements and submit your application to USCIS.
For information on the USCIS application and process, visit the USCIS Change of Status to F or M Student Status webpage and the USCIS Form I-539 webpage. If you need individualized guidance regarding your eligibility, supporting documentation, or preparation and filing of your application, we recommend consulting with a qualified immigration attorney.
Your ability to study or work while a change of status application is pending may depend on your current immigration status and the status you are requesting.
For example, individuals changing from F-2 status must wait for the F-1 status approval before beginning a full course of study. Employment in F-1 status, including on-campus employment or a graduate assistantship, is not permitted until the change to F-1 status has been approved and F-1 employment eligibility requirements have been met.
Please contact CGPS to discuss your ability to study or work while your application is pending.
Spouses and unmarried children of F-1 or J-1 students who are under 21 years old may be eligible for F-2 or J-2 dependent status.
F-2 or J-2 status may be obtained by traveling outside the United States and returning in dependent status or by submitting a change of status application to USCIS from within the United States, if eligible.
If the F-1 or J-1 student's SEVIS record is maintained by the University of Delaware, CGPS can provide information about requesting an F-2 or J-2 dependent I-20 or DS-2019. F-1/J-1 students with dependents planning to enroll at another institution should contact CGPS to discuss whether F-2/J-2 status with UD is appropriate or whether their dependent should request their own F-1/J-1 status through the institution they plan to attend.
Study and employment rules differ between F-2 and J-2 status. For additional information, visit the CGPS Families & Dependents website.
ISSS Disclaimer: The information contained on this web site is provided as a service to international students, faculty, staff, employees, and administrators at the University of Delaware, and does not constitute legal advice on any immigration, tax, or other matter. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of official counsel. For assistance on your immigration status, we encourage you to contact an ISS advisor for specific guidance at oiss@udel.edu.