Documents Required to Change to Student Visa Status
The number of those filing to have their status changed to student status is increasing in the U.S. While most cases involve those who enter the country on either tourist (B-2) or exchange intern/trainee (J-1) visas, there are many investor (E-2) and temporary intracompany transferee (L-1) visa holders who file for status change. Additional documents may be needed when changing to student status, and we would like to share with you what each case may require.
When entering on a tourist visa (B-2), your purpose of visit must not be to study in the U.S. However, you may change your mind during your stay. If you apply for a change of nonimmigrant status to student after 3 months from the date of entry, the U.S. Citizenship and Immigration Services will request information about places you have visited and your activities there. Therefore, it is important to prepare travel records (photos, lodging records, visited sites and schedules, flight tickets, etc.). If you enter the U.S. on a tourist visa and enroll in school immediately, tourism will not be considered a legitimate purpose of visit.
When changing to student status, you must express your intent to return to your country once you complete your studies in the U.S. To show your intent, you will need a letter from your previous employer confirming your reinstatement, utility payment history showing your address, proof of your parents’ residence, a copy of your resident registration, a lease agreement, and/or bank statements with your address.
If you entered the U.S. on an internship visa (J-1), you must prepare a letter from your employer and pay stub(s). If you are bound by the two-year residency requirement, you must obtain a waiver before changing your status. If you operated a business on an investor visa (E-2), you must provide the company’s tax records, employee salary records, your personal tax return, W-2, and a recent pay stub. If you worked in the U.S. on a transferee (L-1) or work (H-1B) visa, it is recommended that you submit your personal tax records and a recent pay stub.
If the Immigration Services does not decide on your requested status change at least 15 days before your classes start, you are recommended to contact the school to postpone your start date. Also, the date on which you begin attending classes must be within 30 days from your status expiration date. After 30 days, you must file the F-1 status change document along with the B-2 status change document to fill the gap.
You must prove that you are in fact studying by submitting documents such as online class records, English placement test(s) required for registration, a letter from school administrator explaining your academic program, program website, class syllabus, and your letter. In addition, you must prove that you have the financial means to focus on your studies and maintain enough funds in your bank account at the time of and after applying for the status change.
Usually, you need enough to cover your tuition and living expenses for one year. The Immigration Services requires proof of your balance for the most recent three months. Therefore, if funds are withdrawn for some unavoidable circumstances, you may be denied status change. In such case, you must find another financial guarantor who will write a letter proving his/her relationship to you and submit a bank statement.
Law Offices of Gary J. Kim
3731 Wilshire Boulevard, Suite 502
Los Angeles, CA 90010
(213) 427-6262
info@gjklawgroup.com