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DownloadLearn more about how the immigration process works and help you with your immigration concerns and questions. The Charleston USA Immigration Law Center is here to support you in your goal to become a United States citizen.

CHANGE OF NON-IMMIGRANT STATUS

Often life changes and so do the purposes for visiting the U.S. Consequently the USCIS allows for change of non-immigrant status to another lawful non-immigrant status by filing accordingly. However, this change of status must be filed while Form I-94, Arrival-Departure Record is still valid. Likewise, the passport must remain valid throughout the entire change of status process. However there are restrictions applicable to different non-immigrant visa holders. For example;

THOSE WHO CANNOT CHANGE STATUS

1. C-visa foreign nationals in transit,

2. D-visa crewmen,

3. K-1 and K-2 visa fiance(e)s and their dependants,

4. S-visa informants and witnesses,

5. those in transit without a visa,

6. entrants under the Visa Waiver Program (VWP),

THOSE WITH RESTRICTIONS AS TO CHANGE OF STATUS

7. J-1 visa exchange visitors subject to 2 year foreign residency requirement,

8. M-1 visa vocational students,

9 . Q-2 visa Irish Peace Process Cultural and Training Program participants.

THOSE WITH EMPLOYER BASED VISAS REQUIRING THE FILING OF USCIS FORM I-129 WITH FAMILIES ON USCIS FORM I-539

10. E-1 visa treaty trader,

11. E-2 visa treaty investor,

12. H-1B visa temporary workers

13. H-2A visa temporary agricultural workers,

14. H-2B visa temporary seasonal workers,

15. H-3 visa foreign trainees,

16. L-1A visa intracompany transferees,

17. L-1B visa intercompany transferees,

18. O-1 visa

19. O-2 visa

20. Q-1 visa international cultural exchange,

21. R-1 visa religious workers,

22. TN visa NAFTA Canadians and Mexicans.

THOSE REQUIRING USCIS FORM I-539

23. A-visa diplomats and government officials,

24. B-1 and B-2 visa visitors for pleasure and business,

25. E-1 and E-2 visa trader and investor dependants,

26. F visa students and dependants,

27. G visa foreign government officials and family members,

28. H-4 visa temporary worker dependants,

29. K-3 and K-4 visa spouse and minor child,

30. L-2 visa intracompany transferee dependents,

31. M visa vocational and language students and dependants,

32. N visa parents and children of those granted special immigrant status,

33. NATO visa for NATO officials, employees and dependants,

34. O-3 visa extraordinary ability aliens,

35. P-4 visa athletes and entertainer dependants,

36. R-2 visa religious worker dependants,

37. TD visa TN dependants.

Status must be changed before the I-94 card has expired and they are not automatically approved.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Charleston USA Immigration Law Center, LLP - Immigration Lawyer in Charleston, SC
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