Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States for a temporary (less than permanent) period. The period varies for different nonimmigrant categories. There are more than 40 nonimmigrant U.S. visa categories; each is used for a different, but very specific purpose. For example, some authorize temporary employment in the United States; others permit tourists to visit, students to study, and diplomats to serve their home country’s interests in the United States.
We can understand that your plans can change while you are in the U.S. Therefore if you plan to change your travel plan to other purpose than the original visa issued to you then you may be required to change your nonimmigrant status to a different one before you lawfully begin to engage in the activities you want to pursue.
To be able to meet the requirements for change of status, you should have been lawfully admitted into the United States as a nonimmigrant, and you:
- have not committed any act that would make you ineligible to receive an immigration benefit;
- There is no other factor that requires you to depart the United States prior to making a reentry based on a different classification (for example, a USCIS officer may determine that you should obtain a new visa prior to being readmitted into the United States);
- You submit an application for a change of status by mail or you can file online using USCIS ELIS for a change of status before the expiration date as shown on the admission stamp in your travel document on your Form I-94, Arrival-Departure Record. (There are certain very limited circumstances under which USCIS will excuse a late submission.)
- You should not have beeen admitted in any of the nonimmigrant categories (such as C, D, K-1, K-2, K-3, K-4, S, TWOV, WT, WB etc.) which do not permit change of status in the U.S.
Please note: Your passport must be valid for your entire requested period of stay in the new nonimmigrant classification in the United States
Requesting a Change of Status requires that you are eligible for the request and that may involve analyzing your immigration case, therefore, you may be better served by retaining an immigration lawyer. Write us to schedule a consultation for requesting Change of Status and give us a call at (+1) 202-600-7742
