Changing Your Nonimmigrant Status
When you come to the United States, you must apply for a visa that is specific to your visit.
For instance, if you are coming for business purposes, you apply for an employment visa.
Two general categories for visas include nonimmigrant and immigrant, with nonimmigrants planning to stay for a specific amount of time and immigrants coming to stay permanently.
However, if you are a nonimmigrant, you may have to change your visa status if you change your plans.
United States Citizenship and Immigration Services, or USCIS, has over 40 different types of nonimmigrant applications to the U.
S.
All of these share the same temporary quality, but they are each very specific based on the reason for coming to the U.
S.
For instance, you may be a tourist traveling through the U.
S.
, or you may be a crew member on a cargo ship that temporarily docks in America.
However, USCIS realizes that you may initially come to the U.
S.
for one reason then change your mind.
For example, if you come to America as a tourist, you may decide to stay here and go to school.
This requires you to change your nonimmigrant status from a tourist to a student.
To have eligibility to change your status, you must meet the following requirements:
There are several forms that you can use based on the status that you wish to be.
Most nonimmigrants must file the Form I-539, while if you wish to change your status to work in the U.
S.
, your employer must also file a different petition with USCIS.
The USCIS code can be confusing and difficult to follow, and any mistake can lead to deportation and a complete loss of your visa.
If you are interested in immigrating to the United States or need help with your USCIS paperwork, you should talk to an experienced immigration lawyer about your options.
For instance, if you are coming for business purposes, you apply for an employment visa.
Two general categories for visas include nonimmigrant and immigrant, with nonimmigrants planning to stay for a specific amount of time and immigrants coming to stay permanently.
However, if you are a nonimmigrant, you may have to change your visa status if you change your plans.
United States Citizenship and Immigration Services, or USCIS, has over 40 different types of nonimmigrant applications to the U.
S.
All of these share the same temporary quality, but they are each very specific based on the reason for coming to the U.
S.
For instance, you may be a tourist traveling through the U.
S.
, or you may be a crew member on a cargo ship that temporarily docks in America.
However, USCIS realizes that you may initially come to the U.
S.
for one reason then change your mind.
For example, if you come to America as a tourist, you may decide to stay here and go to school.
This requires you to change your nonimmigrant status from a tourist to a student.
To have eligibility to change your status, you must meet the following requirements:
- Lawful admittance to the U.
S.
with a nonimmigrant visa - Currently hold a valid nonimmigrant visa
- No violation of any nonimmigrant conditions
- No serious crimes that would make you ineligible
There are several forms that you can use based on the status that you wish to be.
Most nonimmigrants must file the Form I-539, while if you wish to change your status to work in the U.
S.
, your employer must also file a different petition with USCIS.
The USCIS code can be confusing and difficult to follow, and any mistake can lead to deportation and a complete loss of your visa.
If you are interested in immigrating to the United States or need help with your USCIS paperwork, you should talk to an experienced immigration lawyer about your options.
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