Change of Status

A permanent resident is a foreign national who is not a citizen of the United States, but that is living in the United States under a recognized and valid immigration visa. Their visa grants them permanent resident status in order to work and live in the United States indefinitely.

Generally speaking, proof of permanent residency status consists of possessing a permanent resident card, which is also known as a green card. Permanent resident status can also refer to immigrants who have entered the country under a conditional residency status, and have had their status adjusted to that of permanent resident, which will be further discussed below.

As a permanent resident, you will receive many of the same abilities and privileges that are inherently granted to United States citizens. A permanent resident may work at any job legally in the United States, and own property.

Additionally, they are not required to return to their home countries. As long as your green card as a permanent resident remains valid, you may travel to and from your home country at any time. Permanent residence status may result in the opportunity to apply for U.S. citizenship.

What Is A Change Of Status?

A change of status is associated with immigration law in the United States. According to immigration laws, a change of status allows a non-citizen foreign national to live permanently in the United States. They will have their temporary residence status changed into lawful permanent resident status, which is known as adjustment of status, and will grant them other civil rights as well. “Change of status” can also refer to the process of changing from one type of visa to another.

Simply put, a change of status provides permission to those who hold a nonimmigrant visa in the United States, to change their status to another nonimmigrant category while still in the United States.

Because there are various requirements for an adjustment of status, not everyone will be eligible for the process. Additionally, there may be a limited amount of permanent visa slots that are granted in each specific year. You may be eligible to change your status to another nonimmigrant status if you:

• Have lawfully entered into the U.S. with a nonimmigrant visa;
• Have maintained your nonimmigrant visa status as valid; and
• You have not committed any crime that would make you ineligible for change of status.

Some specific examples of nonimmigrants who are maintaining status and wish to change to another status include:

• Diplomatic and other government officials, as well as their dependants and employees who are on an A visa;
• Temporary visitors for business or pleasure, who are in the B visa category;
• Academic students who are on an F-1 visa, as well as their dependants who are on an F-2 visa;
• Representatives to international organizations, as well as their dependants and employees who are on a G visa;
• Representatives of foreign media who are on an I visa, as well as their dependants;
• Exchange visitors who are on a J-1 visa, as well as their dependants who are on a J-2 visa and are not subjected to the 2 year home residency requirement;
• Vocational students who are on an M-1 visa, as well as their dependants who are on an M-2 visa;
• Parents and the children of people who have been granted special immigrant status when their parents are employed by an international organization in the United States; and
• Temporary workers who are on an H, L, O, P, Q or R visa, as well as their dependents.

It is important to note that you may not change your nonimmigrant status if you have entered into the U.S. under the following visa categories:

• VWPP, which is the Visa Waiver Pilot Program, or the Guam Visa Waiver Program;
• D, as a crewman;
• C, as in transit or in transit without a visa;
• K, as a fiance or spouse of a U.S. citizen or dependent of a fiance or spouse; and
• S, as an informant and accompanying family on terrorism or organized crime.

How Do I Get A Change Of Status?

In order to obtain a change of status or an adjustment of status, the applicant must specifically file a request with the U.S. immigration authorities. What this means is that the process is not generally granted automatically.

Additionally, the applicant must meet various requirements such as:

• There must be a permanent visa slot available for the applicant that specific year;
• Various immigration forms must be completed, including Form I-485;
• The applicant must not be in the country illegally; and
• The applicant must not have worked illegally in the U.S.

An applicant might not be available for a change of status if they have entered the country by using a visa waiver, or under similar special circumstances. A change of status is generally granted to those who have traveled to the U.S. on a temporary visa, such as a marriage visa or specific types of work visas, and wish to relocate permanently in the country.

If you wish to change your status to any of the following nonimmigrant categories, your employer should file Form I-129, Petition for Nonimmigrant Workers:

• E, or International Traders and Investors;
• H, or Temporary workers;
• L, or Intra company transferees;
• O, or Aliens of Extraordinary Ability;
• P, or Entertainers and Athletes;
• Q, or Participants in International Exchange Programs;
• R, or Religious workers; and
• TN, or Canadians and Mexicans under NAFTA.

If you wish to change your status to any of the following nonimmigrant categories, you will need to complete Form I-539 and submit any supporting documents:

• A, or diplomatic and other government officials, and their dependants and employees;
• B, or temporary visitors for business or pleasure;
• F, or academic students and their dependants
• G, or representatives to international organizations, and their dependants and employees;
• I, or representatives of foreign media and their dependants;
• J, or exchange visitors and their dependants,
• M, or vocational students and their dependants; and
• N, or parents and children of people who have been granted special immigrant status because their parents were employed by an international organization in the U.S.

You should apply as soon as you know that you need to change to a different nonimmigrant category.

What Should I Do If My Change Of Status Has Been Denied?

If your change of status has been denied, it might be possible to appeal a request. This largely depends on the reasons why adjustment of status was denied in the first place.

An example of this would be how an appeal or review of an application might not be available if the applicant was disqualified due to a recent criminal record. Alternatively, if the application was denied because the person accidentally failed to include a requested document in their application, it might be possible to have their case reviewed.

If your application to change your nonimmigrant status is denied, you will receive a letter detailing why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen, or a motion to reconsider with the same office that made the unfavorable decision. By filing these motions, you are asking the office to either reexamine or reconsider their decision to deny the change of status.

Do I Need An Attorney For A Change Of Status?

You should hire an immigration lawyer if you need help with an immigration change of status. An immigration attorney can help you understand the process and guide you through the steps of applying for a change of status.

Additionally, an attorney will also be able to represent you in court, as needed, and can guide you through the appeals process when possible.