When a person with nonimmigrant (temporary) status residing in the United States decides to engage in an activity which is only allowed under a different status (for example: a tourist wants to attend school in the United States), then that person has following two options:
- Visa processing at a U.S. Consulate abroad, or
- Apply for a change of status
However, a lot of types of nonimmigrants (temporary visitors) do not qualify for the eligibility for a change of status. For example, foreign nationals who are illegally residing at the time of adjustment application is filed, or who have been involved in unauthorized employment in the United States since their last lawful admission are mostly barred from applying for a change of status.
One may apply for a change of nonimmigrant status on;y if he/she has been lawfully admitted in the United States with a valid nonimmigrant visa, have not violated the conditions of one’s status and have not committed any crimes. If a person wants to file for a change of purpose of visit while residing in the United States, he/she must file a request with the U.S. Citizenship and Immigration Services (USCIS) on the appropriate form before the authorized stay expires. However, one should not assume that the status has been approved and should not change his/her activity in the United States till he/she receives an approval from USCIS. If USCIS decides to deny the application, the person has to leave the United States as soon as his/her current status expires.
We, at the Law Offices of Aditya Surti, LLC can help you in applying for change of status/ extension/adjustment of status to a different visa. To schedule your appointment contact us at 201-518-6642201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269732-750-1269 (Woodbridge Office). You can also email us at email@example.com.