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Change Of Status - Frequently Asked Questions

Is it better to apply directly for the F-1 student visa at home or apply for a change to F-1 status here?
Every case is different. In some countries, visa issuance is extremely difficult. In those countries, the American Embassy may view a change to F-1 status in the U.S. as an attempt to avoid that process and will want to know why you didn't apply for the F-1 visa there instead.

If you are not sure which is the best for you, make an appointment at the Office of the International Programs for more information.

Am I eligible for a change to F-1 status?
You are eligible for a change of status to F-1 student if you qualify for issuance of the Form I-20 by Western Kentucky University, are still maintaining your present non-immigrant status, and can present an unexpired Form I-94. [Exceptions: C, D, K, M or J (with home residency requirement) and visa waivers.]

What if my authorized stay in the U.S. has expired?
If your authorized stay in the U.S. is expired, you are not eligible to apply for a change of status to F-1 student unless you can prove that you had a special emergency circumstance which was beyond your control. Make an appointment with the Office of International Programs for further information.

Should I hire a lawyer to help me?
The Office of International Programs provides assistance with many immigration matters for free! In some unusual cases, you may be advised by our office to use an immigration lawyer.

Can I start school before I change my status?
Yes, but if your primary purpose is now to pursue a full course of study, you should either change to F-1 student status or leave the U.S. to apply for the F-1 visa at home before your authorized stay expires.

If I decide to file an application with the U.S. Immigration Service to change my status, when should I apply?
Not too soon after your arrival and not too close to the expiration date on your Form I-94. You must maintain your current legal status in order to change status. An application must be filed prior to the expiration date on your I-94. About halfway through your authorized stay is ideal. Please be aware that approval by the Immigration and Naturalization Service is NOT guaranteed. Should you be denied the change of status, you may be required to leave the country quickly. You can then take your I-20's and go to the U.S. Embassy or Consulate in your home country and apply for a new F-1 visa.

What documents are required for the change of status application?
Completed Form I-539 (Application to Extend/Change Nonimmigrant Status)
Your Western Kentucky University I-20 Form signed by you on page 1 and 3
Original Form I-94 (Arrival/Departure Record-the white card stapled in your passport)
Current evidence of financial support
A $120 fee in the form of a personal check or money order made payable to the Immigration and Naturalization Service or INS
Copy of Bio page of passport and copy of original visa stamp

Letter from you, the student describing your ties to home country, why and when you decided to apply to change your status, how your major will help you to find the employment in home country, etc.

If you have a spouse or children with you in the U.S. who should change to F-2 status (dependents of an F-1 student), you must also submit the Supplement to Form I-539, your dependents' original Forms I-94, and an additional $10 for each dependent.

How do I file my application?
Bring your completed application (with all the documents described above) to the Office of International Programs. After our review, you will send your application to the Immigration and Naturalization Texas Service Center. When the INS has made a decision on your application, your Western Kentucky University I-20 and a new I-94 card will be returned to you.

What happens to my status while I am waiting to receive an answer from the INS?
You will still be maintaining your present nonimmigrant status, even if the I-94 expires, while INS is reviewing your application for a change to F-1.