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News: Change of status to foreign students

July 22, 2021
  • Business Immigration
  • Individual Immigration

The United States Citizenship and Immigration Services (USCIS) announced that it will no longer be necessary for foreigners who request a change of status to the F-1 student to apply to the authorities to change or extend their nonimmigrant status during the processing of their new visa.

The elimination of this requirement for the F-1 Visa was reported by the USCIS on Tuesday through a statement in which it assured that the new policy will reduce workloads and costs for both applicants and the agency.

The F Visa is issued to those who migrate to the United States to study long-term college careers, such as bachelor’s or master’s degrees.

USCIS explained that under the previous policy, “applicants had to maintain their status for up to 30 days prior to the program start date indicated on their Form I-20, Certificate of Eligibility for Nonimmigrant Status, which required them to apply for extensions or an initial change of status and subsequent extensions so that they would not have a break or ‘gap’ in their status.”

That is, the eliminated requirement required foreign students to request in advance the extension or change of their immigration status so that they would not see their visa interrupted, because if they did not, they could be left without a regular immigration status and face deportation.

To avoid this “gap” in status, USCIS will grant the change of status to F-1 on the day the applicant’s Form I-539 is approved.

Form I-539 is used, USCIS explains, by some nonmigrants who wish to extend their stay or change to some other nonimmigrant status; F and M non-immigrants applying for resettlement; and individuals who wish to obtain V nonimmigrant status or an extension of stay as a V nonimmigrant.

“If we approve an application more than 30 days prior to the program start date, the student must ensure that they do not violate their F-1 status during that time.”

Finally, the agency warned that the grounds for violation of F-1 status are working, including employment on campus, more than 30 days prior to the program start date indicated on its Form I-20.

Source: Latinus. (2021, July 21). The U.S. facilitates the procedures for changing status for foreign students on F-1 visas. Latin US. https://latinus.us/2021/07/20/eu-facilita-cambio-estatus-estudiantes-extranjeros-visas-f-1/