While many foreign nationals can change your immigration status within the U.S., certain individuals may be ineligible. For example, those who entered via the Visa Waiver Program or as crewmembers are generally prohibited from switching categories without leaving first. If you are eligible, federal law provides ways to transition to a new visa or a Green Card without the cost and stress of international travel.
Understanding the ways to change your status
There are two main ways to update your legal standing in the U.S. based on your long-term goals. Each path uses different forms and has specific requirements.
- Change of status is for when you want to switch from one temporary visa to another temporary visa, such as moving from a visitor visa to a student visa.
- Adjustment of status is the process you use to apply for lawful permanent residency, which is commonly known as a Green Card.
These processes allow you to remain in the country while the government reviews your request. You should identify which path matches your needs before you file any paperwork with the government.
Avoiding common status violations
Timing is the most important factor when you apply for a new status. You must generally file your application before your current authorized stay expires. If you send your paperwork to U.S. Citizenship and Immigration Services (USCIS) on time, you can usually stay in the country while they look at your case. While a timely filed application is pending, you generally do not accrue unlawful presence, though you might lack a formal lawful status if your original visa ends during the wait.
You must also follow the rules of your current visa until USCIS officially approves the new one. If you are on a visitor visa, the law prohibits you from enrolling in a degree seeking course of study until USCIS officially approves your change of status to F-1. If you engage in activities that your current visa does not allow, the government may deny your application. This can make it very difficult for you to stay in the country or return in the future.
Planning for your long-term security
Changing your legal standing can provide great stability, as Green Cards typically require renewal every 10 years. Because immigration laws are extremely strict, even a small mistake with a date or a form can cause significant problems for your family.
If you have questions about which path is right for you, consider speaking with a legal professional to ensure your paperwork is handled correctly. Taking the time to verify your eligibility now can help you avoid a crisis later.