B
O
C
ADJUSTMENT OF STATUS:
WHO IS ELIGIBLE?
There are times when you may need or want to change your
status due to circumstances. USCIS allows you to do this in
certain cases. If you need to change your status and do not, you
will be violating U.S. immigration law and may be subject to
deportation.
You Must qualify to Change Your Nonimmigrant Status. To
see if you qualify, click here. You may not change your status if
you were admitted on the following visas categories:
If you were admitted on a J visa for graduate medical training
you cannot apply for a change of status unless you receive a
special waiver.
If you are on an M visa, you may not change to an F or H.
If you are the spouse or child of someone in the following visa
categories, you do not have to apply to change of status to
attend school in the USA:
Have your employer file Form I-129 (Change of Status) at the
USCIS Regional Service Center with jurisdiction over your case if
you are trying to change to one of the following categories: (If
your employer files the petition, make sure your spouse and
children file Form I-539):
If you are in the following nonimmigrant categories, you should
carefully read and complete USCIS Form I-539 (Application to
Extend/Change Nonimmigrant Status) and submit any required
supporting documents:
The application and correct fee should be mailed to the USCIS
Service Center that serves the area where you are temporarily
staying. If your nonimmigrant category is work-related, then the
application and correct fee should be mailed to the USCIS
Service Center that serves the area where you will work.
How Does My Spouse and Child Apply to Change Their
Nonimmigrant Status?
If your employer files USCIS Form I-129 (Petition for Alien
Worker) for you, then your spouse and child must carefully read
and complete USCIS Form I-539 (Application to Extend/Change
Nonimmigrant Status) and submit any required supporting
documents to change to a new nonimmigrant category. It is best
to submit both forms at the same time.
You may include your spouse and any unmarried children under
the age of 21 in your USCIS Form I-539 application if you are all
in the same nonimmigrant category, or if your spouse or children
were given derivative nonimmigrant status. Derivative
nonimmigrant status means that your spouse and children were
given nonimmigrant visas based on your nonimmigrant status.
For instance, if a student is given an F-1 "Academic Student"
visa, then the spouse and child are given F-2 "Spouse and Child
of an Academic Student" visas.
When Should I Apply?
We recommend that you apply as soon as you determine that
you need to change to a different nonimmigrant category. Please
note, you must apply to change your nonimmigrant category
before you current nonimmigrant status expires. Also, do not
start new employment without first being approved for your
change of status. The date your status expires can be found in
the lower right-hand corner of your Form I-94 (Arrival-Departure
Record). You should have received a Form I-94 when you legally
entered the United States.
The USCIS is more likely to change your status if you are in
status with your current visa. If you are late filing, then
you must prove that:
WHO IS ELIGIBLE?
There are times when you may need or want to change your
status due to circumstances. USCIS allows you to do this in
certain cases. If you need to change your status and do not, you
will be violating U.S. immigration law and may be subject to
deportation.
You Must qualify to Change Your Nonimmigrant Status. To
see if you qualify, click here. You may not change your status if
you were admitted on the following visas categories:
- Visa Waiver Pilot Program
- C - Alien in Transit or without a visa
- D - A crewman
- K - Fiancé of U.S. citizen
- S - An informant
If you were admitted on a J visa for graduate medical training
you cannot apply for a change of status unless you receive a
special waiver.
If you are on an M visa, you may not change to an F or H.
If you are the spouse or child of someone in the following visa
categories, you do not have to apply to change of status to
attend school in the USA:
- A - Diplomatic
- E - International Trade or Investors
- F - Academic Students and their families
- G - Representatives of International Organizations
- H - Temporary Workers
- I - Representatives of foreign media and their families
- J - Exchange Visitors
- L - Intracompany Transfers
- M - Vocational Students and their families
Have your employer file Form I-129 (Change of Status) at the
USCIS Regional Service Center with jurisdiction over your case if
you are trying to change to one of the following categories: (If
your employer files the petition, make sure your spouse and
children file Form I-539):
- E - International Trade and Investors
- H - Temporary Workers
- L - Intracompany Transferees
- O - Aliens of Extraordinary Ability
- P - Entertainers and Athletes
- Q - Participants in International Exchange Programs
- R - Religious Workers
- TN - Canadians and Mexicans Under NAFTA
If you are in the following nonimmigrant categories, you should
carefully read and complete USCIS Form I-539 (Application to
Extend/Change Nonimmigrant Status) and submit any required
supporting documents:
- A - Diplomatic and government officials
- B - Temporary visitors and business or pleasure
- F - Academic students and their families
- G - Representatives to international organizations and
their families - I - Representatives of Foreign Media
- J - Exchange Visitors and their families
- M - Vocational Students and their families
- N - Parents and children of people granted special
immigrant status because of working for an international
organization
The application and correct fee should be mailed to the USCIS
Service Center that serves the area where you are temporarily
staying. If your nonimmigrant category is work-related, then the
application and correct fee should be mailed to the USCIS
Service Center that serves the area where you will work.
How Does My Spouse and Child Apply to Change Their
Nonimmigrant Status?
If your employer files USCIS Form I-129 (Petition for Alien
Worker) for you, then your spouse and child must carefully read
and complete USCIS Form I-539 (Application to Extend/Change
Nonimmigrant Status) and submit any required supporting
documents to change to a new nonimmigrant category. It is best
to submit both forms at the same time.
You may include your spouse and any unmarried children under
the age of 21 in your USCIS Form I-539 application if you are all
in the same nonimmigrant category, or if your spouse or children
were given derivative nonimmigrant status. Derivative
nonimmigrant status means that your spouse and children were
given nonimmigrant visas based on your nonimmigrant status.
For instance, if a student is given an F-1 "Academic Student"
visa, then the spouse and child are given F-2 "Spouse and Child
of an Academic Student" visas.
When Should I Apply?
We recommend that you apply as soon as you determine that
you need to change to a different nonimmigrant category. Please
note, you must apply to change your nonimmigrant category
before you current nonimmigrant status expires. Also, do not
start new employment without first being approved for your
change of status. The date your status expires can be found in
the lower right-hand corner of your Form I-94 (Arrival-Departure
Record). You should have received a Form I-94 when you legally
entered the United States.
The USCIS is more likely to change your status if you are in
status with your current visa. If you are late filing, then
you must prove that:
- The delay was due to extraordinary circumstances beyond
your control;
- The delay was of reasonable length;
- You have not done anything to violate your nonimmigrant
status;
- You are still a nonimmigrant; and,
- You are not in deportation proceedings.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
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Adjustment of Status
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