Eligibility:

The U.S. Citizenship and Immigration Services (USCIS) is likely to grant a change of status only if an applicant’s permission to stay in the United States is valid and the applicant is "in status." Individuals not in lawful immigration status, or whose circumstances suggest that they may have misrepresented their intentions on entering the U.S., may anticipate denial of their applications. Many such individuals will want to temporarily leave the United States, obtain an F-1 visa at a consular office, and reenter the country in F-1 status. Others, who anticipate difficulty in reentering the U.S. or wish reassurance that they face no unforeseen difficulties, will want to discuss their circumstances with an attorney experienced in immigration law.

Procedure:

To qualify for an I-20 from NJIT, submit the following to the Office of International Students & Faculty (OIS&F):

1. Request form.
2. Financial documentation showing funds for you and your dependents who will be in J-2 or F-2 status. The funds should be sufficient for one year. Graduate students must show $36,000 and undergraduate students must show $37,000. Add an additional $4,500 for a spouse and $2,500 for a child.

If all of the above materials are complete, the OIS&F will have an I-20 ready for you in 7-10 working days.

Completing the Form I-539

You should attach a separate sheet to explain why you are requesting a change of status. If you are requesting change of status from:

B1/B2 status, remember that when you entered the United States you told a visa officer your reason for coming to the United States was visiting. Change of status from B1/B2 to F-1 is unlikely to be granted. It is recommended that you apply for an I-20, travel to your country, seek an F-1 visa and return in F-1 status. Please come in to speak with an international student advisor.

Also, be sure to place NJIT Office of International Students and Faculty, 323 MLK Jr. Blvd., Newark, New Jersey 07102 as the c/o address in Part 1 of the I-539.

Applying for the change of status

Your application consists of the following items:

1. Completed Form I-539 (available from the OIS&F).
2. Photocopy of your I-94 card and the I-94 cards of any dependents who are changing with you.
3. Your new I-20. You should sign the I-20.
4. Financial documentation.
5. A letter of explanation.
6. A check payable to the "Department of Homeland Security."  The fee is $300.
7. Photocopy of passport - biographical page with photo and date of validity of passport.
8. Copy of appropriate approval notices.
9. Copy of marriage certificate.
10. SEVIS Data Collection Form.
11. Advisor form.
12. SEVIS fee (http://www.fmjfee.com) receipt.

For a complete checklist of items needed for the change of status, click here.

Before OIS&F mails your application to USCIS, an OIS&F advisor will review it and make suggestions or comments.

Special Considerations:

If you are in lawful status when you apply for a change of non-immigrant status, you remain in lawful status until you receive your reply from USCIS. This means that you do not have the privileges of student status (working on campus, applying for practical training) until the change is approved. When USCIS has made a decision, they will return your I-20.

If you do not receive an answer within four (4) months, you may presume that USCIS has lost your request. You should then submit a duplicate application to USCIS. To do this, bring copies of all documents which were previously sent to USCIS to OIS&F as well as:

1. A copy of your canceled check.
2. A copy of the return receipt from USCIS.
3. A NEW original I-20 obtained from OIS&F.
4. A copy of the I-94 card (front and back).
5. A letter stating that you are submitting a duplicate application and that, as the original appears to have been lost by USCIS, no fee is being included.

When all these documents are gathered, please have them reviewed and mailed by an OIS&F advisor.