Applying for a change of status from a tourist (B-1/B-2) to a student (F-1) is a process that requires attention to detail and strict following to all rules set by USCIS (U.S. Citizenship and Immigration Services). Despite seeming straightforward, mistakes at this stage can lead to a denial, loss of status, or even a future entry ban to the United States.
In this article, we’ll discuss the most common mistakes applicants make when applying for a status change and offer tips on how to avoid them.
1. Violation of Tourist Status Conditions
One of the most critical requirements for a change of status is maintaining your legal tourist status up to the point of application and throughout your stay in the U.S. while awaiting a decision from USCIS. This means your tourist status must not expire, and you must strictly follow its rules without any violations. For instance, working in the U.S.—even if informally—is considered a violation. Any departure from the rules of your tourist status disqualifies you from applying for a status change within the U.S. and may lead to a denial or severe consequences, including deportation or a future entry ban. Additionally, avoid any violations of the law—this applies to all statuses, not just tourist.
How to avoid this: Plan ahead and carefully monitor your tourist status expiration date. Avoid any activities that could be seen as violations, such as working or enrolling in courses not permitted under your current status.
2. Untimely Filing of the Application
The timing of your application for a change of status is also important. Coming to the U.S. with a tourist purpose and then deciding to study after a few months is perfectly acceptable. However, applying too soon (for example, immediately upon arrival) can raise suspicions with USCIS that you originally entered the U.S. with the intent to study rather than to visit. On the other hand, applying too late could mean your tourist status expires before USCIS reaches a decision on your application, which is also a serious issue.
How to avoid this: Ideally, file your application a few months after entering the U.S. to avoid suspicion, and ensure that your tourist status will remain valid for enough time to cover the application processing period.
3. Enrolling in an Institution That Cannot Issue Form I-20
To change to a student status, it is essential to enroll in an institution accredited by the SEVP (Student and Exchange Visitor Program) and able to issue Form I-20. Form I-20 confirms your eligibility to study in the U.S. on a student visa. Additionally, the start date of your course is important. If your course begins too long after you apply, USCIS may view this as a lack of sufficient reason for you to remain in the country until classes start.
How to avoid this: Make sure that your chosen school is SEVP-accredited and authorized to issue Form I-20. Choose programs that start relatively soon after your application or while your current status is still valid—this helps prevent issues related to unlawful presence in the U.S.
4. Insufficient Financial Support
When changing to a student status, it’s crucial to demonstrate that you have enough funds to cover both tuition and living expenses in the U.S. Since F-1 students are not allowed to work off-campus, your financial resources must come from a reliable source—such as personal savings, income from abroad, or support from a sponsor.
How to avoid this: Prepare documents that verify your financial situation, such as bank statements, letters from sponsors, or income verification. These documents should clearly show that you can afford tuition and living expenses in the U.S. for the entire duration of your studies.
5. Leaving the U.S. While Waiting for USCIS Decision
The change of status process allows you to switch from tourist to student status without leaving the U.S. If you exit the country before receiving approval from USCIS, your application is automatically canceled, as you are no longer within U.S. borders. If you later decide to return to the U.S. as a student, you’ll need to apply for an F-1 visa through a U.S. consulate abroad.
How to avoid this: After submitting your application for a status change, do not leave the U.S. until you receive a decision from USCIS. This ensures that the process remains uninterrupted and that you can legally stay in the country until your F-1 status is approved.
Conclusion
Changing status from tourist to student can be a fantastic opportunity to extend your stay in the U.S. for a new purpose. However, any of the mistakes discussed above can complicate the process or lead to a denial. It’s essential to carefully prepare your documents, consider timing, and follow USCIS requirements closely. Consulting qualified professionals can also be beneficial if you have any doubts.
Our team at Bloomrich Law Firm has extensive experience with status changes. If you’re unsure whether you qualify for a change to student status or need assistance with the application process, schedule a free call with our manager.
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