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NON IMMIGRANT PETITIONS / PROCEDURES CHANGING
NON-IMMIGRANT STATUS The following instructions are for persons who are already in the United States and wish to apply for a change of non-immigrant status to F-1 student status or J-1 status. The instructions are also for changing from F-1 or J-1 to F-2 or J-2. Please note, however, that since April 12th, 2002 it is no longer possible for B-1 or B-2 tourists to change status to F-1 status in the U.S. unless the admitting immigration officer at the port of entry to the U.S. annotated the I-94 arrival/departure record card with the words "prospective student." Changes of status from other non-immigrant statuses to F-1 student are still possible. **PLEASE NOTE THAT IN ORDER FOR
US CITIZENSHIP & IMMIGRATION SERVICES
TO
APPROVE A CHANGE OF STATUS FROM ANY STATUS TO STUDENT 1. I-539
FORM (Application to change non-immigrant status or extend temporary
status). If you have dependents who are also applying for change of
status, you must complete the supplement page at the end of Form
I-539. 2. I-20
FORM (If applying for F-1 status) or DS 2019 FORM (if applying for
J-1 status). These forms will be issued ONLY after students have
been academically admitted to The City College AND have submitted
satisfactory financial affidavits of support (sponsorship) OR proof
of sufficient personal funds. 3. I-134
FORM (Affidavit of support) with acceptable financial documents
(please see the instructions attached to the I-134 form for a
description of acceptable financial documents). No I-134 is required
if you have sufficient personal funds in your own bank account
(please provide a bank statement showing the current balance in your
account). 4. A
$195.00 CHECK OR MONEY ORDER. Personal checks must include your
printed address on the check. All checks and money orders should be
made payable to the Department of Homeland Security/US Citizenship
& Immigration Services (or DHS/USCIS). IT IS IMPORTANT TO SAVE
THE MONEY ORDER RECEIPT OR YOUR PERSONAL CHECK WHEN
IT IS RETURNED BY YOUR BANK. 5. PHOTOCOPY
OF I-94 (this is the small white card which should be stapled inside
your passport). NOTE: If you are applying for a change of status to
F-2 or J-2 status you must also provide photocopies of your spouse's
I-94 showing their F-1 or J-1 status AND copies of your spouse's
I-20 or DS 2019 forms. 6. Receipt proving that you have paid the $100 SEVIS fee (click on the link on the main menu for more information on the SEVIS fee). EXTENSION
OF STAY Current US Citizenship & Immigration Services (USCIS)
regulations state that F-1 students who do not complete their degree
programs by the date estimated on their I-20 forms, must apply for
an Extension of Stay. The date by which you must complete your
degree program is indicated on your I-20 form at item #5 following
the words "and is expected to complete studies no later
than____". If you will not complete ALL requirements for your
degree program by the date which was entered by The City College at
item #5 on your I-20 you must come to The Office of International
Student & Scholar Services to request an extension of your
authorized stay in the United States. Failure to do so will mean you
will lose your lawful student status. The maximum extension that can
be granted is one year. Students granted an extension of stay for
one year who are still unable to complete degree requirements are
automatically considered by INS to be out of status and must apply
for REINSTATEMENT of their lawful F-1 status.
TO APPLY FOR AN EXTENSION OF STAY
STUDENTS MUST:
1. Complete
Section A of Form I-538 and sign the form.
2. Request
a new I-20 form from the Office of International Students.
REINSTATEMENT TO STUDENT STATUS Students may lose lawful status if they violate certain
immigration and/or City College regulations. Reasons for falling
out-of-status include, but are not limited to, ·
Non-attendance
at school whose I-20 you used to enter the U.S. ·
Failure
to attend school for one or more semesters ·
Failure
to maintain full-time student status every semester ·
Failure
to complete studies within the time limit permitted. Students who have lost lawful status may apply to the US
Citizenship & Immigration Services (USCIS)for reinstatement of
their legal student status. In order to be reinstated to student
status, applicants must do the following: 1. Convince
the USCIS that the violation of status resulted from circumstances
beyond the student's control. OR
2. Demonstrate
that denial of the application by the
USCIS would result in extreme hardship to you.
3. Be
currently enrolled as a full-time student or
have the intention of enrolling full-time in the first
available
semester after reinstatement is granted. 4. Satisfy
the Immigration Service that student has not engaged in illegal
employment.
5. Provide
currently valid affidavits of financial support. 6. Submit
the application for reinstatement of status to USCIS within five (5)
months from the date of loss of
status
APPLICATION
INSTRUCTIONS 1. Complete
an I-539 form to extend time of temporary stay (form available in
the International Student Office) or from http://uscis.gov/graphics/formsfee/forms/index.htm
2. Obtain
a new I-20 form from The City College
3. Submit
updated financial support documents 4. Submit
all I-20 (student) copies issued by U.S. colleges or universities
where the student has studied (or
the I-20 ID used to enter the U.S. even if you didn't attend that
school). 5. A
$195.00 check or money order payable to “DHS/USCIS”
(Department of Homeland Security/US Citizenship & Immigration Services) 6. I-94 form (small white card inside your passport) 8.
A
letter written by the student that explains fully what the student
has been doing since her/his arrival in the U.S.
All absences from studies, or part-time studies, must be fully
explained. Evidence supporting your application should also be
submitted such as medical certificates, letters from academic
advisers, etc. The statement of the student is the single most
important factor in reinstatement. You must provide convincing
reasons to USCIS to persuade them that there were genuine
circumstances which prevented you from studying. Lack of available
funds is NOT an acceptable excuse for non-attendance. NO
on or off-campus work permission is possible while you wait for
USCIS to make a decision in your reinstatement application.
REMEMBER:
YOU MUST PERSUADE THE IMMIGRATION INSPECTOR THAT YOU ARE A SERIOUS
STUDENT WHO INTENDS TO OBEY THE
REGULATIONS AND COMPLETE STUDIES
IN THE SHORTEST POSSIBLE TIME. PREPARE YOUR ARGUMENT CAREFULLY AND
EXPLAIN ALL ABSENCES FROM SCHOOL AND PART-TIME STUDIES FULLY. YOU
HAVE ONLY ONE OPPORTUNITY. YOU CANNOT APPEAL A DENIAL OF AN
APPLICATION FOR REINSTATEMENT.
TRAVEL
& RE-ENTRY INTO THE U.S. Every semester some students experience unnecessary
problems when they attempt to reenter the United States because they
do not have all of the documents required by the Department of Homeland Security when they arrive at a US port
of entry. It can be an inconvenient and rather scary experience to
be detained by the immigration authorities when they suspect that you
are not a bona-fide student. The golden rule is: ALWAYS
consult with the International Student Advisor BEFORE you
leave the United States. If an emergency requires you to leave
without seeing an adviser in the Office of International Student and
Scholar Services, call, write or email the Director of the office,
Mr. McGovern (mcgovern@ccny.cuny.edu)
or the Assistant Director Ms. Marousek (nmarousek@ccny.cuny.edu)
immediately
after arriving at your overseas destination so that arrangements can
be made to prepare documents you may need to reenter. Generally
speaking, the under- noted documents are required in order to enter
the U.S. in
student status:
1. A valid
passport.
2. A valid
U.S. visa.
3. A valid
SEVIS I-20 or DS 2019 form, endorsed for travel.
4. Updated
financial support affidavits. 5. An
I-94 form, currently valid, if you are reentering from
a contiguous territory (Canada, Mexico or some Caribbean islands).
Students who travel overseas must obtain an F-1 or J-1
in their passports. The U.S.
1. A valid
passport.
2. A valid
SEVIS I-20 or DS 2019.
3. Financial
support affidavits.
4. A
certificate of attendance from the international student adviser.
5. Transcripts
of the student’s academic coursework to date. 6. Payment of the SEVIS processing fee, if required to
pay fee (please click on the tab on the main menu for more
information on this fee and who is required to pay it). Remember
that there is never a 100% guarantee that a visa will be issued to
you. For this reason it is crucial that you consult with the
International Student Adviser before you leave the U.S. Finally, if
you are traveling to a country other than your country of
citizenship or residence it is quite possible you will need a visa
to enter that country.
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