Change of Status in the USA

A person's nonimmigrant status must match the purpose of his/her stay in the U.S. A change of status may be necessary when the objectives of the visit have changed. For example, a person may come to the U.S. to visit relatives on a B-2 visa and then later decide to change to an F-1 student visa to study in a university. 

NОТЕ: This option is only available for changing from nonimmigrant to another nonimmigrant status. 

To request a Change of Status, a specific application form (Form I-539, Application to extend/ Change Nonimmigrant Status) must be mailed to USCIS along with supporting documents. Change of status applications can take six months or longer to be approved. 

Eligible for Change of Status is a person: 

• who was lawfully admitted to the United States with a nonimmigrant visa, 
• whose nonimmigrant status remains valid, 
• who has not violated the conditions of your status, 
• and who has not committed any crimes that would make you ineligible. 

If the application for a Change of Status is approved, it only changes your status in the U.S. This means that if you travel outside the United States during your program of study and wish to re-enter in F-1 student status, you would still need to apply for the F-1 entry visa at a U.S. Embassy or consulate abroad.

Some nonimmigrant visa holders are unable to change their status while in the U.S., and others may not need to apply for a Change of Status for certain situations. For instance, individuals with C-1/D (crew members) visas cannot change their status while in the U.S. and must apply for a new visa from outside the country if they want to switch their status. On the other hand, dependents of H-1B visa holders (H-4 visa holders) do not need to change their status to attend school in the U.S.  

Changing non-immigrant status can be a complex process. The timing of the change is critical and must be done with care to avoid falling out of status during the transition. 

We can assist with the preparation of the required and additional documentation that must be  submitted  as part of the Change of Status application process.