12 Oct I-539 Application Approved for Change of Status from F-2 to F-1
Our immigration lawyers successfully represented a 20 year old Indian citizen in submitting Form I-539 Application to Extend/Change Nonimmigrant Status to change his nonimmigrant status from F-2 to F-1. After the age of 21 individuals can no longer hold derivative F-2 status and therefore our client needed to change his status to F-1 to be able to lawfully remain in the United States and continue the University studies he had begun in F-2 status.
In order to qualify for F-1 status an applicant must demonstrate the existence of sufficient funds to cover expenses while in the United States or that other arrangements have been made to meet those expenses. With the filing we provided documentation that our client had immediate access to funds to cover the cost of his first year of studies as set forth on Form I-20, as well as documentation of the source of funds to cover the remaining cost of his degree program. Specifically, our client’s uncle was paying for his education and we submitted Form I-134 executed by his uncle with supporting documentation including bank statements, Federal Tax Returns and W-2 Forms, and proof of employment.
Additionally, with the filing we provided documentation that our client had a foreign residence to which he intends to return upon completion of his studies. Specifically, we provided evidence of utility bills and a deed partition showing our client’s father owns a property in his home country of India and a statement from his father that he was giving our client permission to live at the property following the completion of his studies.
Upon the consideration of the evidence provided, UCSIS granted our client the change of status from F-2 to F-1, allowing him to lawfully remain in the United States and attend University as an F-1 student.