Change
of Non-immigrant status
There are
times when you may need or want to change your status
due to circumstances. USCIS allows you to do this
in certain cases. If you need to change your status
and do not, you will be violating U.S. immigration
law and may be subject to deportation.
You Must
qualify to Change Your Nonimmigrant Status. To see
a list of visas go to our
visa page .
You may not
change your status if you were admitted on the following
visas categories:
- Visa Waiver Pilot Program
- C - Alien in Transit or without
a visa
- D - A crewman
- K - Fiancé of U.S.
citizen
- S - An informant
If you were
admitted on a J visa for graduate medical training
you cannot apply for a change of status unless you
receive a special waiver.
If you are
on an M visa, you may not change to an F or H.
If you are
the spouse or child of someone in the following visa
categories, you do not have to apply to change of
status to attend school in the USA:
- A - Diplomatic
- E - International Trade or
Investors
- F - Academic Students and their
families
- G - Representatives of International
Organizations
- H - Temporary Workers
- I - Representatives of foreign
media and their families
- J - Exchange Visitors
- L - Intracompany Transfers
- M - Vocational Students and
their families
Have your
employer file Form I-129 (Change of Status) at the
USCIS Regional Service Center with jurisdiction over
your case if you are trying to change to one of the
following categories: (If your employer files the
petition, make sure your spouse and children file
Form I-539):
- E - International Trade and
Investors
- H - Temporary Workers
- L - Intracompany Transferees
- O - Aliens of Extraordinary
Ability
- P - Entertainers and Athletes
- Q - Participants in International
Exchange Programs (Disney Visa)
- R - Religious Workers
- TN - Canadians and Mexicans
Under NAFTA
If you are
in the following nonimmigrant categories, you should
carefully read and complete USCIS Form I-539 (Application
to Extend/Change Nonimmigrant Status) and submit any
required supporting documents:
- A - Diplomatic and government
officials
- B - Temporary visitors and
business or pleasure
- F - Academic students and
their families
- G - Representatives to international
organizations and their families
- I - Representatives of Foreign
Media
- J - Exchange Visitors and
their families
- M - Vocational Students and
their families
- N - Parents and children of
people granted special immigrant status because
of working for an international organization
The application
and correct fee should be mailed to the USCIS Service
Center that serves the area where you are temporarily
staying. If your nonimmigrant category is work-related,
then the application and correct fee should be mailed
to the USCIS Service Center that serves the area where
you will work.
How Does My
Spouse and Child Apply to Change Their Nonimmigrant
Status?
If your employer
files USCIS Form I-129 (Petition for Alien Worker)
for you, then your spouse and child must carefully
read and complete USCIS Form I-539 (Application to
Extend/Change Nonimmigrant Status) and submit any
required supporting documents to change to a new nonimmigrant
category. It is best to submit both forms at the same
time.
You may include
your spouse and any unmarried children under the age
of 21 in your USCIS Form I-539 application if you
are all in the same nonimmigrant category, or if your
spouse or children were given derivative nonimmigrant
status. Derivative nonimmigrant status means that
your spouse and children were given nonimmigrant visas
based on your nonimmigrant status. For instance, if
a student is given an F-1 "Academic Student" visa,
then the spouse and child are given F-2 "Spouse and
Child of an Academic Student" visas.
When Should
I Apply?
We recommend
that you apply as soon as you determine that you need
to change to a different nonimmigrant category. Please
note, you must apply to change your nonimmigrant category
before you current nonimmigrant status expires. Also,
do not start new employment without first being approved
for your change of status. The date your status expires
can be found in the lower right-hand corner of your
Form I-94 (Arrival-Departure Record). You should have
received a Form I-94 when you legally entered the
United States.
The USCIS
is more likely to change your status if you are in
status with your current visa. If you are late filing,
then you must prove that:
- The delay was due to extraordinary
circumstances beyond your control;
- The delay was of reasonable
length;
- You have not done anything
to violate your nonimmigrant status;
- You are still a nonimmigrant;
and,
- You are not in deportation
proceedings.
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