Changing Immigration Status in the United States

Changing immigration status in the United States can be a complex process, and it’s important to understand the specific requirements and limitations for each visa category. 

Adjustment of Status

Adjustment of status is the process of applying for permanent residence (a green card) while already in the United States on a temporary visa. This option is available to those currently in the U.S. who meet specific eligibility criteria, such as having a close family member who is a U.S. citizen or permanent resident or having an employer sponsor them for a green card.

Visa Categories and Change of Status Limitations

C1D1 visa holders cannot change their status in the U.S. They are limited to working on cruise ships and must depart the country upon termination of their employment.

J1 visa holders can only change their status if they have obtained a waiver of the two-year foreign residence requirement. Without a waiver, they must return to their home country for at least two years before applying for a different visa.

H1B visa holders can change employers while their green card application is pending. As long as the new employer files a petition on their behalf, they can continue working in the U.S.

E2 visa holders cannot change their status to H4 (dependent on the H1B visa holder). At the same time, in the U.S., They must either leave the country and apply for an H4 visa at a U.S. embassy or consulate or adjust their status to another eligible category.

F1 (student) and F2 (dependent of F1) visa holders should consider filing their green card applications using the premium processing service to expedite the process. Premium processing guarantees a decision within 15 calendar days, although it comes with an additional fee.

However, not all temporary visas are eligible for this process.

Change of Status

To change your non-immigrant status within the United States, you must file a request with USCIS on the appropriate form before your authorized stay expires. This includes changing from tourist to student visas or other non-immigrant categories.

To apply for a change of status, you must be lawfully admitted to the United States with a non-immigrant visa, your non-immigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

It is mandatory to consult with an experienced immigration attorney or accredited representative to determine the best course of action for your situation and to ensure that you comply with all applicable laws and regulations.