If you are currently living in the United States and wish to change the purpose of your visit, and thus your visa, you (or in some cases your employer) will need to file a request with the USCIS via the appropriate form prior to the expiration of your authorized stay. This is an application to change your status. Often this means you are changing to a nonimmigrant category. An example of this is: you have arrived in the U.S. as a tourist, but wish to become a student.
Until the USCIS has approved your change of status application, do not assume the status change has been approved, and do not change your current activity in the United States. Failing to maintain your nonimmigrant status (even if you have applied for a change of status) you can be barred from returning to and/or deported from the United States. To check your authorized status and the date the status expires, look at the lower right-hand corner of your Form I-94, Arrival-Departure Record.
Generally, you are able to apply to change your status to a nonimmigrant status if you were legally admitted to the U.S. with a nonimmigrant visa, if your nonimmigrant status is valid, if you have not violated the conditions of your status, and if you have not committed crimes that would have deemed you ineligible.
You do not have to apply to change your nonimmigrant status if you were admitted to the U.S. under a B-1 visa category (for business reasons) and you wish to remain in the U.S. for pleasure before the authorized stay expires.
You do not have to apply to change your nonimmigrant status if you wish to attend school in the U.S. and you are the spouse or child of someone who is currently in the U.S. under any of the following nonimmigrant visa categories:
You may not apply to change your nonimmigrant status if you were admitted to the U.S. in the following categories:
If you are a vocational student (M-1), you are not able to change your status to a(n):
If you are an international exchange visitor (J-1), you are not able to change your nonimmigrant status if:
Hiring the best attorney for your immigration case can prove pivotal in your life, much like a marriage. A licensed lawyer is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, attorneys have completed extensive education and training before being licensed to represent clients. Just like a life partner, you want an attorney you can trust, communicate with, and relate to. Most importantly, you want an attorney who knows how to successfully proceed with your case so that you achieve the desired outcome. While many legitimate community and religious organizations provide immigration-related services, there are those who advertise as legal “consultants” or “notarios publicos” but are not authorized or qualified to help with immigration law-related matters. You face a big challenge, the power of the United States government. Don’t face it alone. Contact a San Diego Change of Status Lawyer at Superior Immigration Lawyers.
Superior Immigration Lawyers
3990 Old Town Ave, #B109,
San Diego, CA 92110
Phone: (619) 493-3550
Chula Vista Office
401 “H” Street
Chula Vista, Ca. 91910
Phone: (760) 292-2600
This Is Attorney Advertising. This website is designed for general information only. The information on this website should not be construed to be formal legal advice nor the formation of attorney/client relationship. You are not considered a client unless you have signed a retainer agreement and your case has been accepted. Prior results do not guarantee a similar outcome with respect to any future matter. Please call or email our firm for a $300 no-obligation case evaluation.
