Changing Your Immigration Status: An Overview
Changing your immigration status means asking the U.S. government to move you from one legal category to another. This guide explains the basics, common paths, and when it may help to speak with a licensed immigration lawyer.
What changing status means
A change of status means asking U.S. Citizenship and Immigration Services, or USCIS, to switch you from one nonimmigrant category to another while you are in the United States. A nonimmigrant category is a temporary legal status, such as student, visitor, or some work visas.
This is different from adjustment of status. Adjustment of status usually means applying for a green card, which is lawful permanent residence, from inside the United States. People often mix these terms up. They are not the same process.
Changing status can be helpful if your plans changed after you arrived. For example, you may have come as a student and later qualify for a work visa. Or you may have entered with one temporary purpose and now fit a different legal category. The rules are strict, so details matter.
Common examples of status changes
- A student in F-1 status may later move to a work-based status, if an employer sponsors them and they qualify.
- A visitor in B-1 or B-2 status may sometimes ask to change to student status before their current stay ends.
- A dependent spouse or child may change to another dependent or work category, depending on the main visa holder's status and the law.
- A worker may move from one employment-based category to another if a new job or new employer qualifies.
- Some people may need a visa at a U.S. consulate abroad instead of changing status inside the United States. That depends on the category and their situation.
Who may be able to apply, and who may have problems
In general, a person may ask to change status if they were lawfully admitted to the United States, their current status is still valid, and they did not break the terms of that status. Lawfully admitted usually means you entered with official permission after inspection by an immigration officer.
Problems can come up if you stayed past your authorized time, worked without permission, gave false information, or violated the rules of your current visa. A status violation means you did not follow the rules tied to your immigration category. For example, unauthorized work can be a status violation.
Some categories have special limits. In some cases, the law does not allow a change of status from inside the United States. In other cases, the timing of your application matters a lot. If your current status expires before you apply, or before USCIS accepts your filing, you may lose options.
Because of this, many people choose to get legal advice about their specific facts. If you want help finding someone, Legal Bearings offers a free way to get matched with a lawyer who is licensed and handles immigration matters. Legal Bearings is not a law firm and does not give legal advice.
How the process often works
- Check your current status. Look at your I-94 record, approval notices, and visa documents so you know your current category and expiration date.
- Confirm that your new category fits. Each immigration category has its own rules about eligibility, work, school, family relationship, or sponsorship.
- Prepare the application. This often includes government forms, filing fees, identity records, proof of your current lawful status, and documents showing why you qualify for the new status.
- File before your current stay ends. Timing is very important. Filing late can lead to denial and may create more immigration problems.
- Wait for USCIS to review the case. USCIS may send a receipt notice, a biometrics notice, or a request for more evidence. A request for more evidence means USCIS wants more documents before making a decision.
- Follow the rules while the case is pending. In many situations, you must keep obeying the terms of your current status until the new one is approved.
- Read the decision carefully. If USCIS approves the case, the notice should explain your new status and dates. If it denies the case, the next steps depend on the reason.
Do not assume a pending case protects you
Important issues people often miss
Travel can affect your case. If you leave the United States while a change-of-status application is pending, USCIS may treat the application as abandoned, which means it may stop processing it. Many people do not realize this until it is too late.
Your visa and your status are not the same thing. A visa is the stamp or document used to ask for entry to the United States. Status is the legal category you have after you enter. A person can have valid status even if the visa stamp in the passport has expired. But if that person travels abroad, they may need a new visa before returning.
Work and school rules are also important. Some people cannot start working or studying in the new category until USCIS approves the change. Starting too early may cause serious problems.
There is also a timing issue sometimes called the 90-day rule in public discussion. People often worry that changing plans soon after entry could look suspicious. This area can be sensitive. If your purpose at entry and your later application do not match, the government may look closely at your case. Honest facts and good records matter.
If language is a barrier, ask for help reading every form before you sign. Never sign a blank form. Never let anyone keep your original documents without a good reason. Be careful with notarios or immigration consultants who are not licensed attorneys. In many states, a notario is not a lawyer and cannot give legal advice.
Documents that may be useful
- Your passport and visa page, if you have one
- Your I-94 arrival and departure record
- Any USCIS approval notices or receipt notices
- Proof that you followed your current status rules, such as school records or pay records, if allowed in your category
- Marriage, birth, or relationship records, if the new status depends on family
- Employer or school letters, if the new status depends on work or study
- Copies of anything you already filed with immigration authorities
Getting help, costs, and avoiding scams
Immigration filing costs can be hard to predict because fees depend on the form, the category, and whether you need related applications. Government filing fees often range from about $0 to over $1,000, and lawyer fees may range from a few hundred dollars to several thousand dollars. Cost varies by state and your situation. Ask for a written fee agreement so you know what is included.
If money is a concern, ask whether the lawyer charges for the first meeting, offers a flat fee for the whole case, or bills by the hour. A flat fee means one set price for a defined service. An hourly fee means you pay for time spent on the case. Either way, ask what extra costs may come up.
If you want general information about immigration help, you can read more at immigration services. If you are ready to look for legal help, you can use Legal Bearings to get matched with a licensed attorney. The service is free for readers. Legal Bearings is paid a flat fee by participating attorneys and is not a law firm.
No article can tell you the best step for your exact case. Immigration law changes often, and small facts can make a big difference. For advice about your specific situation, talk to a licensed immigration attorney.
Common questions
Can I stay in the U.S. while my change-of-status case is pending?
Sometimes, yes, but it depends on whether you filed on time and whether you were in valid status when you filed. A pending case does not always give permission to work, study, or travel. A licensed immigration attorney can explain the rules for your situation.
Is changing status the same as getting a green card?
No. Changing status usually means moving from one temporary immigration category to another inside the United States. Getting a green card is often called adjustment of status, which is a different process.
Can I work while waiting for approval?
Not always. Many people must wait until the new status or a work permit is approved before they can legally work. Working too early can harm an immigration case.
What if my current status is about to expire?
Time matters a lot. Filing late can reduce your options and may lead to denial. If your expiration date is close, try to speak with a licensed immigration lawyer as soon as possible.
Can a notario help me change my status?
Be careful. In many states, a notario is not a lawyer and cannot give legal advice. For advice about your rights and risks, it is safer to speak with a licensed immigration attorney.
In plain English: If you want to change your immigration status, act early, keep good records, and consider talking to a licensed immigration lawyer, and if you need help finding one, Legal Bearings offers free attorney matching.