On Tuesday, USCIS announced new policy guidance which affects those seeking to change their non-immigrant status to F-1 student status. USCIS no longer requires that those who submit applications for Change of Status to F-1 student status (COS) maintain their existing status while the application is pending.
Under previous policy, an applicant was required to maintain a lawful status up to 30 days before the education program start date listed on the I-20 Form. Therefore, when an applicant filed a Form I-539 COS application, the applicant was required to maintain his/her existing status throughout the time that the COS application was pending adjudication. This most typically resulted in the applicant filing numerous, costly, “bridge applications,” to extend their existing status until the COS was granted.
Starting July 20, 2021, applicants may file a COS application without the need to file any further “bridge applications” to extend their status. As long as the applicant has a lawful status at the time of applying for the COS, he/she is not required to file extensions, even if his/her lawful status expires while waiting for the COS approval.
Regardless of when the COS is approved, applicants must not violate their F-1 status. Applicants should not work without authorization and should avoid criminal activity while in F-1 status.
USCIS believes that this change will reduce costs and workload to both the applicants and USCIS.
Disclaimer
This article aims to provide new information concerning the USCIS policy changes. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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