Change of plans… Change of status…
Each year, hundreds of visas are issued to foreign nationals who intend to temporarily remain in the United States for a specific purpose. Some of these visas are issued for studying in the United States meanwhile others are issued for working or travelling.
What happens if you enter the United States with one purpose and later change your mind?
If you initially enter the United States with one purpose (E.g., travelling) and later change your mind and decide to do something else (E.g., studying), you can do so by changing your status to a new classification by filing a petition with USCIS before your authorized stay expires.
What are the requirements for Change of Status?
In general, you can apply for Change of Status if:
You were lawfully admitted into the United States as a nonimmigrant;
You have continued to maintain your nonimmigrant status;
Your authorized stay has not expired yet; and
You have not committed any acts that would make you ineligible to receive an immigration benefit.
When should you apply for Change of Status?
USCIS suggests that you should apply for Change of Status at least 45 DAYS before your current authorized stay expires or as soon as you determine your need to change your status.
Can you apply for Change of Status if your status has already expired?
Normally, Change of Status application may not be approved if you failed to maintain your nonimmigrant status or if your nonimmigrant status has already expired. However, USCIS, in its discretion, may excuse your failure to apply for Change of Status if you can show that:
Your failure to file a timely application for Change of Status was due to extraordinary circumstances beyond your control, and USCIS finds your delay commensurate with the circumstances;
You have not otherwise violated your nonimmigrant status;
You still remain a bona fide nonimmigrant; and
You are currently not in removal proceedings.
Who cannot apply for Change of Status?
You cannot apply for Change of Status if you were admitted into the United States under the Visa Waiver Program (VWP) or in one of the following statuses:
C (In transit through the United States)
TWOV (In transit through the United States without a visa)
D (Crew member)
K (Fiancée)
S (Witness or Informant)
Please note that if you were admitted into the United Stated as:
J-1 (Exchange Visitor) and you are also subject to the 2-year foreign residency requirement, you cannot apply for Change of Status unless you have obtained the necessary waiver. If you cannot obtain the necessary waiver, you can apply for Change of Status only to A (diplomatic or other government officials) or G (representative to international organizations)
M-1 (Vocational Student), you cannot apply for Change of Status to F-1 (Academic student) or H (Temporary worker) in case where the M-1 training helped you to qualify for that H status.
What happens if you leave the United States while your Change of Status application is pending?
If you leave the United States while your Change of Status application is pending, the Change of Status request will be deemed abandoned and it will be denied.
Is Change of Status same as Adjustment of Status?
No, it is not. Change of Status generally applies to nonimmigrants moving from one nonimmigrant status to another. Adjustment of Status is a process where the noncitizen obtains a lawful permanent resident status in the United States. This process can successfully be achieved without having to leave the United States. Please note that the Adjustment of Status is typically not applicable to many noncitizens who entered the United States without inspection or who violated the laws & regulations.
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