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Learn the first step to changing your immigration status by calling (888)-861-4414 or contacting us online now.
Learn How to Change or Extend Your Nonimmigrant Status
The process of changing your status can be inconvenient at best, but we are here to help. The change of status lawyers of Brown Immigration Law know how to interact with the United States Citizenship & Immigration Services (USCIS), fill out the appropriate forms completely, and file them on time to keep you in the country as desired. With decades of combined experience and all sorts of professional titles and recognitions – such as Super Lawyers® memberships – you can trust our attorneys to fully handle your change of status.
Why Would You Change Your Immigration Status?
Nonimmigrants decide to change their status all the time and for many different reasons. For example, many people visit the U.S. as tourists but ultimately decide that pursuing an education as a student here is what they want next on their life path.
Our immigration lawyers routinely help people seeking to change their status in hopes of:
- Finding employment
- Investing in a business
- Attending school
- Getting married
- Extending a vacation
Of course, not everyone can change their non-immigration status easily. The nuances in USCIS regulations can make it difficult to find out your options, which is the main reason why people come to us for help. We can check to see if you are eligible to change your status based on your unique situation.
What Are the Prerequisites for Changing or Extending Your Nonimmigrant Status?
As with anything involving immigration in America, there are rules. You may be eligible to change your immigration status as long as you:
- Entered the U.S. lawfully and with a nonimmigrant visa.
- Still holds a valid, unexpired nonimmigrant status.
- Current status conditions have not been violated.
- Has not committed any crimes that would cause ineligibility.
Filing a Change or Extension of Status Form
The typical legal avenue for changing your status as a nonimmigrant is to file for change of status with the USCIS. The change of status form can be used to change or extend non-immigration statuses for these reasons:
- A nonimmigrant wants to extend their stay in the country.
- A nonimmigrant wants to change to a different nonimmigrant status.
- F and M nonimmigrants are seeking reinstatement.
Retrieving and filing this form can be costly and complicated, so we encourage you to let our team handle it from start to finish. You can be certain that it will be completed and filed according to all legal requirements, so you do not risk wasting time and money by filing two or more times.
Which Visa Holders Can Apply for a Change of Status?
Only certain visa holders can file change of status petitions:
- Academic or vocational students holding F1 or M1 visas
- Family members of students holding F2 or M2 visas
- Temporary workers holding H visas
- Intracompany transferees holding L visas
- International traders and investors holding E visas
- Foreign media representatives holding I visas
- International organization representatives and employees holding G visas
- Diplomats, as well as government officials and workers, holding A visas
- Exchange visitors holding J visas
Keep in mind that some restrictions come with this process. For example, vocational students holding an M1 visa cannot change their status to an academic student with an F1 visa. They also cannot change their status to a temporary worker with an H visa if their vocational training provides the qualifications for the job.
Similarly, international exchange visitors with J visas cannot apply for a change in status if they were admitted to the U.S. to receive graduate medical training or are required to meet a foreign residence requirement. These restrictions may be waived if the J visa holder either applies for T or U nonimmigrant status or receives a special waiver from the U.S. government.
Which Visa Holders Cannot Apply for a Change of Status?
The following visa holders cannot change their status unless they apply for T or U nonimmigrant status:
- Vessel crew members holding D visas
- People transiting through the U.S. on C visas
- Fiancés of U.S. citizens and the fiancé’s dependents on K visas
- Organized crime or terrorism informants and family members on S visas
Additionally, anyone admitted using the Visa Waiver Program cannot apply to change their nonimmigrant status.
Our Immigration Attorneys Handle USCIS Appeals
Generally, you cannot appeal a denial of an application to change your status. Instead, you can request a review of the denial by filing a motion to reopen or reconsider the decision. You typically have 30 days to file the motion. Once you file the motion, the USCIS will try to make a decision within 180 days.
Your motion can include a brief prepared by your immigration lawyer explaining why the decision should be reversed. The change of status lawyers at Brown Immigration Law have extensive experience handling these motions and can help you present the reasons your application should be granted.
Frequently Asked Questions About Changing Your Immigrant Status
What’s the difference between change of status and adjustment of status?
A change of status is used to change you from one nonimmigrant visa category to another nonimmigrant visa category. An adjustment of status, if granted, means you go from a nonimmigrant visa holder to a lawful permanent resident with a Green Card.
What’s the difference between change of status and consular processing?
Consular processing is a procedure for applying for an immigrant visa from outside the U.S. This process differs from a change of status because you must be outside the U.S. to use consular processing, while a change of status occurs as you remain in the U.S.
If I change my status, do I automatically get to stay in America longer?
If granted, a change of status can include additional time in America, but the exact amount depends on the new status. For example, if you changed your status to that of a student, your visa usually includes additional time to complete your study program.
What happens if my visa expires while I’m trying to change my status?
Overstaying a visa can have serious consequences. The USCIS does not automatically extend your stay when you apply for a change of status.
If your stay is about to expire, our change of status attorneys typically recommend filing both a change of status and an extension of stay application so that you do not need to leave the U.S. during the pendency of your application.
How much time do I need to change my nonimmigrant visa?
You must apply for a change in status before your current visa expires. The USCIS recommends that you apply as soon as you know that you need a change in status or at least 45 days before your current visa expires. Additionally, processing an application often takes time and care, so submitting an application in advance of the expiration of your status is a good practice.
What is the processing time for change of status?
The current processing time for a change of status may be as short as five and a half months. However, this time can vary, depending on the visa class you are changing to and which service center is handling your application. Some applications are also eligible for Premium Processing, which is a service offered by USCIS to adjudicate a given application on an expedited timetable (between 15 – 45 days) for an additional fee.
Do You Have an Immigration Lawyer Near Me?
You can consult a seasoned immigration attorney from Brown Immigration Law at five convenient locations across three states. Currently, we have offices in Cleveland and Columbus, OH; Durham, NC; and Tampa and Orlando, FL.
Helping Nonimmigrants Change Their Status
Changing your status as a nonimmigrant can feel restrictive and confusing, especially if you haven’t had experience with USCIS procedures and the country’s immigration laws overall. To keep things moving as efficiently as possible, contact Brown Immigration Law. Our change of status attorneys are always standing by to hear from and help new and returning clients. We’d be happy to help you, too. Please contact us or call (888) 861-4414 if you have any questions about changing your status.
Please contact us online now or dial (888)-861-4414 if you have any questions about changing your status.
