What to Know Before Changing Your Immigration Status

By Patricia Périssé Bochi, Immigration Attorney

Overview

The United States offers countless opportunities for individuals from around the world to visit, study, work, or engage in other activities, each tied to a specific visa category. However, life’s plans can evolve, and so too can the purpose of one’s visit.

With over 20 years of experience guiding clients through the complexities of U.S. immigration law, I have seen firsthand how critical it is to navigate the process of changing your nonimmigrant status with precision and care.

If you find yourself needing to change the purpose of your stay while in the United States, there are important steps to follow. The process is nuanced and requires a thorough understanding of the rules, timelines, and limitations set forth by U.S. Citizenship and Immigration Services (USCIS).

Filing for a Change in Status

If you wish to change your nonimmigrant status, you (or in some cases, your employer) must file a request with USCIS using the appropriate form before your authorized stay expires. For example:

• If you arrived as a tourist under a B-2 visa but now wish to pursue education as a student, you must submit an application to change your status.
• Timeliness is critical in this process. Once you determine that your circumstances require a change in status, it is advisable to act promptly.

Caution During the Process

It is equally important to exercise caution while awaiting a decision:

• Until you receive approval from USCIS, do not assume that your change in status has been granted.
• Do not alter your activity in the United States. For instance, if you are a tourist, you must not begin attending classes or engaging in activities tied to a student visa.

Acting prematurely can jeopardize your current status and potentially lead to removal (deportation) or a bar from reentry. Your current authorized status and its expiration date are listed on your Form I-94, Arrival-Departure Record.

Requirements for a Change in Status

To qualify for a change in status, you must meet specific requirements:

• You must have been lawfully admitted to the United States with a valid nonimmigrant visa.
• You must have maintained your status without violations.
• You must not have committed any acts that render you ineligible.

Exceptions to the Rule

Not all circumstances require a formal change. For example:

• If you were admitted under a B-1 visa for business purposes and wish to remain temporarily for leisure (B-2 purposes), you may do so without applying for a change, as long as your authorized stay has not expired.
• Certain nonimmigrant visa holders, such as dependents of diplomatic officials (A visa) or temporary workers (H visa), may attend school without requiring a change in status.

When a Change in Status Is Not Allowed

There are scenarios where a change in status is not permitted:

• Individuals admitted under the Visa Waiver Program or with crew member visas (D visas) cannot apply for a status change.
• Fiancé(e)s of U.S. citizens (K visas) are generally ineligible to apply for a change in status.
• Vocational students (M-1 visa holders) and certain exchange visitors (J-1 visa holders) face restrictions as well.

For exchange visitors, the foreign residence requirement often poses a significant hurdle. Unless you obtain a waiver, you cannot change your status except in limited cases.

Conclusion

Navigating these rules can be complex, and the stakes are high. Whether you are seeking to pursue a new opportunity, extend your stay, or adjust your activities, it is imperative to understand the legal framework and requirements.

When in doubt, consult an experienced immigration attorney to guide you through this critical process and safeguard your immigration journey. Your immigration status is the key to maintaining lawful presence in the United States. Handle it with care, timeliness, and proper counsel.