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Change of Status to F-1 or J-1

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If you are presently in the United States in a nonimmigrant status (such as H-4, A-1, or L-2 status), you may want or need to change to F-1 or J-1 student status in order to pursue your degree at NYU. There are two ways to obtain F-1 or J-1 student status: (1) by submitting an application to the United States Citizenship and Immigration Services (USCIS) or (2) by traveling outside of the U.S., obtaining an F-1 or J-1 visa, and re-entering using the new visa.

Each way has its own advantages and disadvantages; depending on your situation, the OGS may recommend one way over the other as the better option. Please speak to an OGS advisor regarding your individual situation.

Travel Option versus Non-Travel Option


In order to obtain either F-1 or J-1 status, you must have been admitted to a full-time course of study at NYU and have sufficient financial resources to meet your program's tuition, fees, and living expenses. You must have also have received a Form I-20 (for F-1 students) from the OGS, or a Form DS-2019 (for J-1 students) from the OGS or another sponsoring J-1 Exchange Visitor Program documenting your eligibility to pursue a full-time course of study at NYU. Learn how to apply for an I-20/DS-2019 if you have already been admitted to an NYU program of study and have an NYU netID.

(A) Travel Option:

Obtain Your F-1 or J-1 status

(B) Non-Travel Option:

1. Apply for an I-20 or DS-2019 with the OGS:

Review and follow how to apply for an I-20/DS-2019 if you have already been admitted to an NYU program of study and have an NYU netID.

2. Pay the SEVIS fee once you have your I-20 or DS-2019

3. Apply for a change of status to the USCIS. The application should include:

  • a check or money order made payable to United States Citizenship and Immigration Services (or USCIS) in the amount of $290
  • a completed USCIS Form I-539
  • a photocopy of your I-20 for F-1 students or DS-2019 for J-1 students
  • photocopies of your passport identification page, I-94 card, and visa
  • a photocopy of your admission letter from NYU
  • photocopies of your financial documents showing that you have sufficient financial resources to meet the tuition, living expense, and fees for your program
  • evidence that you have maintained lawful status while in the United States prior to submitting your application for change of status, and that you submitted your application in a timely manner (prior to the expiration of your current status)
  • Receipt of I-901 SEVIS fee payment

Prepare all of the above materials and review your application with an OGS adivsor. Once the OGS advisor confirms your application is complete, you then mail it to the USCIS as indicated on the I-539 application form. USCIS will adjudicate your application typically within 1-3 months after receiving it. It is not unusual for USCIS to contact applicants with requests for more information prior to making a final decision. Once USCIS completes adjudication of your application you will receive written confirmation of their decision.

Please note that the non-travel option leads only to a change in your immigration status. You will not obtain a new entry visa by this method. If you receive a change of status, you must still obtain a new visa the next time you travel outside of the United States, if you wish to re-enter as an F-1 or J-1 student. Learn more about re-entering the U.S. once you have F-1 or J-1 status.

 

Can I study at NYU if I'm not in F-1 or J-1 status?

Changes in immigration law in the past five years have significantly affected who is allowed to pursue study in the United States. In particular, please note the following:

  • Individuals in B-1/B-2 visitor status are not allowed to enroll in a course of study; to do so is considered a violation of immigration status. Any individual in B-1/B-2 status wishing to engage in full-time study must change to F-1 status in order to do so. Persons in WT/WB "visa waiver" status are prohibited from study and cannot change status without departing the U.S. (see "Travel Option, below).
  • Individuals in F-2 dependent status are not allowed to study on a full-time basis, but must change to or enter the country in F-1 status. Please consult an OGS advisor if you are in F-2 status and wish to pursue full-time studies at NYU.

Important Restrictions


If any of the below apply to you, you can only change your status by using the Travel option; you cannot use the non-travel option.

  • You are currently in the U.S. under the "visa waiver" program, or as a B-1/B-2 tourist
  • You are currently in the U.S. as a J-1 exchange visitor or a J-2 dependent and are subject to the Two-Year Home Residency Requirement (Section 212e of the Immigration and Nationality Act)
  • You are currently in the U.S., but are in violation of your current immigration status (e.g., because your I-94 card expired or you have remained beyond your authorized period of stay in the U.S.)

You should contact the OGS in the following circumstances:

Prior to making a final decision whether to use the travel or non-travel option

  • If you need to leave the U.S. after you submit your application to USCIS for a change of status
  • If USCIS contacts you with a request for more information concerning your application for a change of status
  • If USCIS does not respond to your application within 3 months
  • If your I-94 or other immigration documents have expired
  • If you are in H-1B status but are no longer working for your H-1B sponsor
  • If you believe you are out of status for any other reason
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