1. Your History Within the United States 

To request a Change of Status, the applicant must provide evidence regarding their maintaining status. When supporting nonimmigrants filing their own I-539, I mostly notice that the applicant is only briefly explaining their status. You need to understand that the USCIS wants to see a nonimmigrant’s entire history, from the time they arrived in the United States to the present. In other words, with your I-539, you should provide a detailed story about your presence in the country.

As an example, I would like to discuss a recent case. My client, A, came to the United States after obtaining an F1 visa, and he successfully changed his status from F1 to B2. Afterwards, he wanted to change his status back to F1. When A filed I-539 by himself, he only provided evidence of his B2 status and thus received a Request for Further Evidence (“RFE”) from USCIS asking for evidence of his initial F1 status. A should have provided evidence for not only his current B2 status but also his initial F1 visa. I helped him make a sufficient response to the RFE, and A was ultimately able to change his status from B2 to F1.

In another example, my client, B, obtained a J1 visa for a year to begin his life in the United States. He actively participated in an authorized program and earned a stipend. Six months later, he found another authorized program, from which he received a stipend. After a year, he completed authorized activities with his J1 visa and wanted to change his status to B2. When B sought my legal help for his Change of Status, I advised him to provide his entire history to USCIS by organizing supporting evidence for both his first and his second J1 programs, and he was able to change his status from J1 to B2 without receiving an RFE from USCIS.

2. Initial and Supporting Evidence

When you submit your application to USCIS, providing your initial information–such as your current passport, I-94 form, and a copy of your visa–is an essential step. Missing any information when filing your application will delay your application process and trigger an RFE. Furthermore, you should try to submit any relevant documents for both your maintaining status and your new status with your I-539 application. 

For example, if you have a B2 visa but would like to change to F1 status, you need to provide relevant evidence for both. For the B2 visa, you may need to submit your bank statement, proof of residency, and the record of your travel in the United States if applicable. For F1 status, you’ll also need to submit I-20 and proof of your financial status or an affidavit of support so that USCIS understands how you are going to support yourself while attending school in the United States. Providing evidence of your future residence near the school would also benefit your application, as it helps the USCIS better understand your intent to attend the school.

3. Your Reasons for Changing Status

As you prepare your I-539 application, we recommend that you draft a cover letter containing (1) an explanation of your documentary evidence and (2) a brief explanation of your reasons and intent with regard to changing your status. To explain why you are changing your status, be sure to carefully explain your intent and your circumstances.

If you’re changing your status to F1, try to indicate your desire to receive an education in the United States and why doing so is important. If you’re changing your status to B2, you might explain that traveling to several cities within the United States would create more opportunities for you to build your career path upon returning to your home country. Carefully consider the purpose of your new nonimmigrant status and how such status would grant you positive outcomes.

4. Translation of Foreign Documents

The USCIS requires that you must provide full English translations for any of your documents written in foreign language. Missing any translated documents will likely trigger an RFE. Notarization of the translated documents is not always necessary, but you should obtain accurate and complete translations by someone capable of translating from the foreign language to English.

Additionally, if you need to submit your birth certificate, family relations certificate, or affidavit of support written in a foreign language, don’t forget to prepare the translation! Likewise, for any bank statements or documents proving your financial status, be sure to submit a translation prepared by the bank. If your bank doesn’t allow you to obtain the translation, you may submit Foreign Currency Exchange Rates, available on the U.S. Customs and Border Protection website.

5. Date of New Status

One question on the I-539 form asks you to indicate the first date of your new status. The start date would differ depending on your circumstances, but make sure the date you indicate does not create any gap between your current status and your future status.

For example, if your J1 visa expires on 12/31/2023, and you would like to immediately change your status to B2, you may put the start date as 01/01/2024. Or, if you’re in H1B status to be terminated on 01/05/2024 and would now like to change your status to F1, you may put the new start date before the new expiration date, as long as the new start date falls within 30 days of the semester start date at your new school.

6. Intent to Return to Your Home Country

For a nonimmigrant, USCIS wants to confirm whether you have intent to return to your home country. Demonstrating such intent is a vital factor when requesting Change of Status. In the cover letter for your Form I-539, make sure you explain that you have strong ties to your home country.

It is a good idea to provide evidence that you maintain a residence in your home country and do not have any intention of abandoning it. A letter from your parents stating that you have lived with them and will live with them upon your return can be helpful evidence demonstrating your intent to return. Moreover, if you have any action plans for your educational or career goals in your home country inspired by your experience in the United States, make sure to clearly state such plans in your I-539 cover letter.

7. Don't Forget Your Signature

USCIS has modified some of their regulations since the COVID-19 pandemic, one of which is to accept a signature page even if it is copied, scanned, or faxed. Previously, submitting an original signature page was strictly required. Thus, this change makes the application more convenient for many.

While USCIS states that electronic signatures are allowed for online filing, they require a handwritten signature for paper filings. As such, don’t forget to sign your forms in black ink when paper filing. Additionally, remember to sign your immigration form! Although a simple requirement, many people forget to do this, and I want to emphasize its importance.

Real Case Story

I’d like to discuss a case I handled recently. My client, B, wanted to change her status from B1 to F1. She filed the initial I-539 by herself but consulted me after receiving an RFE from USCIS, which made several requests.

• First, she only provided evidence for her new status rather than for her B1 status as well. The RFE required her to provide a letter from a company official to verify her previous employment.
• Additionally, she did not include her passport in her initial application. The RFE requested that she submit her passport and explain whether she has maintained a valid passport.
• She also did not provide a translation of her bank statements when explaining her financial ability to attend school. In this case, USCIS requested a lot of evidence, including her U.S. bank statements and proof of access to funds in her foreign bank account for the past three months.
• Moreover, because my client’s residence in the United States was far from the location of her new school, USCIS required evidence of her plan for relocating to attend the new school.
• Lastly, she did not provide evidence of her intent to her home country, and the RFE requested evidence of residence abroad.

For this case, I allocated my time for case preparation fully and sufficiently. I asked my client to provide any relevant evidence to clearly demonstrate her situation and her intent. I recall this case today because she made several of the mistakes I mentioned above, leading to her RFE. However, after submitting a thorough response, her request of Change of Status from B2 to F1 was approved in less than a week!