Understanding the USCIS Change of Status Process

Overview

The U.S. Citizenship and Immigration Services (USCIS) Change of Status (COS) process allows nonimmigrant visa holders to transition from one nonimmigrant status to another without leaving the United States. This procedure is essential for individuals whose intentions or circumstances have changed since their initial entry into the country.

Eligibility Criteria

To be eligible for a change of status, applicants must:

• Lawful Admission: Have been lawfully admitted to the U.S. under a nonimmigrant status.
• Valid Status Maintenance: Maintain a valid nonimmigrant status at the time of application.
• No Status Violations: They have not committed any actions that would violate the conditions of their current status.
• Admissibility: Be admissible to the United States under the new status.

It’s important to note that specific visa categories, such as those admitted under the Visa Waiver Program or in transit, cannot change status within the U.S.

Application Process

1. Determine Eligibility: Confirm that you meet all the criteria for the desired nonimmigrant status.
2. File the Appropriate Form:
   • Form I-539: Used by individuals applying to change to a nonimmigrant status, such as from B-2 tourist to F-1 student.
   • Form I-129: Filed by employers for employees seeking to change to a work-related status, such as H-1B.
3. Submit Supporting Documents: Provide evidence supporting the change of status, including:
   • A letter explaining the reason for the requested change.
   • Proof of current status (e.g., Form I-94).
   • Financial evidence demonstrating the ability to support oneself under the new status.
   • Acceptance letters or employment offers corresponding to the new status.
4. Pay Applicable Fees: Include the required filing fee and, if applicable, a biometric services fee.
5. Await USCIS Decision: Processing times vary; applicants can check the status of their application online using the receipt number provided by USCIS.

Important Considerations

• Travel Restrictions: Departing the U.S. while a COS application is pending is generally considered an abandonment of the application.
• Status Maintenance: Applicants must continue to comply with the conditions of their current status until the COS is approved.
• Processing Times: Delays can occur, so it’s advisable to apply well before the current status expires.

People Also Ask (PAA)

1. What is the USCIS Change of Status process?
   • It allows nonimmigrant visa holders to change their status to another nonimmigrant category without leaving the U.S.
2. Who is eligible to apply for a Change of Status?
   • Individuals lawfully admitted to the U.S., maintaining valid status, and meeting the criteria for the desired category.
3. Can I travel outside the U.S. while my Change of Status application is pending?
   • No, leaving the U.S. is typically considered abandonment of the application.
4. How long does the Change of Status process take?
   • Processing times vary; checking the USCIS website for current estimates is best.
5. What form do I need to file for a Change of Status?
   • Form I-539 is used for most status changes, and Form I-129 is used for employment-based changes.
6. Is there a fee for filing a Change of Status application?
   • Yes, fees vary depending on the form and specific circumstances.
7. Can I work while my Change of Status application is pending?
   • Generally, no. Employment is not authorized until the new status is approved.
8. What happens if my Change of Status application is denied?
   • You must depart the U.S. immediately to avoid unlawful presence.
9. Can I expedite my Change of Status application?
   • Premium processing is available for certain employment-based petitions filed with Form I-129.
10. Do I need an attorney to file a Change of Status application?
    • While not required, consulting an immigration attorney can help navigate complex situations.

Understanding the USCIS Change of Status process is crucial for nonimmigrants seeking to adjust their stay in the United States legally. Careful adherence to guidelines and timely application can facilitate a smooth transition between statuses.