Changing to F-1 status entails certain risks. This article explains 5 common reasons for denials of changing status to F-1.
1. Ineligibility for Change of Status
Some types of visas are not eligible for changing to F-1, including but not limited to:
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C, D, K, M, S V: Holders of C (transit), D (crew members), K (fiancé or spouse of a U.S. citizen), and WT/WB (visa waiver program for certain countries) visas cannot change to F-1 status within the U.S.
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J-1 Visa with 212(e) Restriction: J-1 exchange visitors subject to the 212(e) 2-year requirement of home-country physical presence must obtain a waiver before applying for a change of status. If the waiver is not approved, the change of status application will be denied.
2. Expired Status at the Time of Application
If your current status has expired when you submit your change of status application, it is likely to be denied. Common situations include:
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Your H-1B grace period has ended.
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Your L-1 visa has expired.
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You have exceeded the allowed stay period on your I-94 for your B-1 or B-2 visa.
3. Violation of the “90-Day Rule”
The timing of your change of status application is important.
The “90-day rule” is an important guideline used by U.S. immigration authorities to assess whether a person misrepresented their intentions when applying for a visa. It applies to individuals who enter the U.S. on nonimmigrant visas and later change their another nonimmigrant status.
Typically, applying for a change of status within the first 30 days of entering the U.S. carries a high risk of denial. The 30-60 days window is considered a gray area, where the USCIS officers may evaluate the application on a case-by-case basis. However, applying for a change of status after 90 days of entry is generally viewed as "reasonable" by USCIS, and is less likely to raise concerns about misrepresentation.
Additionally, if your status is about to expire when you apply for a change of status, it may appear as though you are changing to F-1 status just to extend your stay in the U.S. Therefore, it is important to choose the right timing for your application.
4. Failure to Meet Basic Requirements for F-1 Status
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Not providing sufficient proof of funding to cover tuition and living expenses.
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Not paying the SEVIS fee on time.
5. Errors in the Change of Status Application
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Choosing the Wrong School: The type of school and program you apply to can affect your chances of success. For example, applying to an ESL (English as a Second Language) school might cause a lower success rate.
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Incomplete Forms: Forms that are incomplete or have missing information can lead to a denial. Make sure all forms are completely and accurately filled out. Getting help from a reliable attorney can ensure your application is organized and submitted correctly.
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Conflicting Information: If the information you provided during your visa interview conflicts with what is presented in your change of status application, it might be seen as visa fraud.
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Suspected Immigrant Intent: Since the F-1 visa is for non-immigrants, if the immigration officer believes you intend to stay permanently, your application will be denied.