Applying for a Change of Status

Nonimmigrants are people who enter the United States temporarily for business, school, temporary employment, or pleasure, using a non immigrant visa.  Once a person in the United States, it is sometimes possible for her to change her immigration status.  If a person comes to the United States as a tourist on a tourist visa , but decides she wants to enroll in a college and stay here as a student, she must apply for a change of immigration status with the USCIS (United States Citizenship and Immigration Services). 

If a person is lawfully admitted into the United States, her Nonimmigrant Visa remains valid, and she has not committed any crimes in the United States, then she may apply for a change of status.  There are exceptions to this general rule based on a person’s visa classification.  Some of the exceptions are very fact specific, for example, a person who comes to the United States on a vocational student visa may not change her nonimmigrant status to a temporary worker status, IF it was the vocational training that qualified her for the temporary work.

Family Applications and Employment Requirements

A nonimmigrant who is here working must ask her employer to submit a USCIS Form I-129, Petition for a Nonimmigrant Worker.  A nonimmigrant who does not have an employer in the United States must submit a USCIS Form I-539 herself.  If a family is here and one person is working, then the person with the employer must ask her employer to complete USCIS Form I-129 and the rest of the family must complete USCIS Form I-539.  There is a fee for filing the form and the form should be mailed to the USCIS service center in the area where one lives (for Form I-129) or where one works (for Form I-539).  A family should mail their forms in together, even though they are different forms.

Timeline and Process

 The application for a new status must be made before the current visa expires and a person may not start a new job until she receives her new status.  Failure to follow any of these rules can result in deportation and in not being allowed to re-enter the country at another time.  When a decision has been made regarding the request to change status, the nonimmigrant will receive a letter stating the decision.  There is no higher authority for an appeal of a decision of a denial.  A person who is denied a change of status can make a motion with the same office which made the denial, and must submit new evidence or show that the application for change of status was somehow incorrect.

Applying for Permanent Residency

It is possible for someone already in the United States to apply for status as a Legal Permanent Resident which also means receiving an American Green Card.  There are a limited number of green cards given each year and the process depends on the classification of visa originally issued as well as an immigrant’s work and family situations.  It can take many years for immigrants to receive a green card so if one knows he wants to someday have permanent legal status; he should begin the process to change his status as soon as possible.

• If you need help with an Immigration Problem, click here to consult with an Immigration Lawyer near you to discuss the details of your case. This website is for informational purposes only.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Immigration laws in particular change frequently. Seek competent legal counsel for advice on any legal matter.