Nonimmigrant Visas: Changing to Another Immigration Status Within the U.S. While in Nonimmigrant Visa Status
Changing to Another Immigration Status Within the U.S. While in Nonimmigrant Visa Status
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling
Anyone entering the U.S. does so for a specific purpose. How does the U.S. government determine your purpose of entry?
The U.S. government relies solely on the type of visa you hold to judge your purpose of entry. Furthermore, it expects you to engage only in activities permitted by your visa category and depart the U.S. by the date authorized by Customs and Border Protection (CBP).
But what if you change your mind for various reasons after entering the country?
If you wish to comply with U.S. immigration laws, you must submit an application for a change of status to U.S. Citizenship and Immigration Services (USCIS) before the expiration date of your current authorized stay in the U.S.
For example, if you enter the U.S. on a B1/B2 visa and CBP grants you a 6-month period of stay, but you later decide to study in the U.S., you must file the application to change your status to student status with USCIS prior to the expiration of the 6-month period.
Once you submit the application, you may remain in the U.S. while awaiting a decision. However, you must not assume that your application will be approved and engage in the activities associated with the status you are seeking—such as attending school.
You may only begin studying at your intended school after your change of status application is approved. In other words, you cannot enroll in classes in advance.
That said, certain family members or children of nonimmigrant visa holders are not required to apply for a change of status to attend school in the U.S. Instead, they may study using their existing nonimmigrant status.
For instance, spouses or children of individuals holding the following visas may attend school in the U.S. directly without an additional change of status application:
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A visas (Diplomats, other government officials and employees)
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E visas (International trade and investment)
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G visas (Representatives of international organizations and their employees)
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H visas (Temporary foreign workers)
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I visas (Representatives of foreign news media organizations)
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J visas (Exchange visitors)
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L visas (Intracompany transferees—executives, managers and specialized knowledge personnel)
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F visas (Including academic F visas and vocational M student visas; note that family members may only attend elementary, middle or high school. If they wish to pursue full-time university studies, they must apply to change their status to F1 student status.)
Additionally, if you enter the U.S. on a B1 visa for business purposes, you may engage in tourism activities such as sightseeing across the country without needing to apply for a change of status to B2.
However, individuals who enter the U.S. under the following circumstances cannot apply for a change of status:
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Those who enter via the Visa Waiver Program
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Holders of D visas (Crewmembers and flight attendants)
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Holders of C visas (Transit passengers through the U.S.)
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Holders of K visas (Fiancés(e)s of U.S. citizens and their children)
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Holders of S visas (Witnesses and informants providing information on terrorism or organized crime, and their accompanying family members)
Nevertheless, this restriction on changing status does not apply if you are a victim of human trafficking applying for a T visa, or a victim of certain crimes applying for a U visa who is willing to assist law enforcement authorities in investigations or prosecutions.
If you hold an M-1 visa for vocational training, you cannot change your status to F-1 for academic studies. Moreover, even if your M-1 training qualifies you for an H-class temporary work visa, you cannot directly change your status from M-1 to any H-class work visa status.
If you enter the U.S. on a J-1 visa and are subject to the two-year home-country residence requirement, you cannot attend medical school in the U.S. or change to another nonimmigrant status until you obtain a waiver of this requirement.
That said, if you are a victim of human trafficking applying for a T visa, or a victim of certain crimes applying for a U visa who agrees to assist law enforcement, you may still file such applications even if your J-1 status is subject to the two-year home-country residence requirement.
In general, therefore, as long as you enter the U.S. legally with a nonimmigrant visa and have not engaged in activities inconsistent with your authorized status, you may apply to change to another nonimmigrant status. However, given the wide variety of nonimmigrant visa categories and the uniqueness of each individual’s circumstances, you should retain a professional immigration attorney to handle your change of status application. While attorneys cannot guarantee approval, they can significantly increase the likelihood of a successful outcome.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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