The Citizenship and Immigration Services (USCIS) grants non-immigrant visas to foreigners who seek to remain in the United States temporarily.
In the United States there are more than 40 categories of non-immigrant visas, some of them to work temporarily in the country, to visit the country as tourists, for exchange students or for diplomats from other countries, among others.
Some visitors who entered the United States as nonimmigrants can apply for a change of status. The USCIS explains that in order to request a change of status it is necessary:
- Have been admitted to the United States as a nonimmigrant.
- Not having committed any action that deprives you of the right to receive immigration benefits
- There is no other reason that requires you to leave the United States before reentering under a different classification (for example, a USCIS officer may determine that you must apply for a new visa before you can be admitted to the United States again)
- Submit your change of status request by mail, electronically using the electronic filing system (e-filing) or online using the platform MyUSCIS prior to the expiration date on your Form I-94, Arrival / Departure Record.
In addition, it is necessary to note that the applicant's passport must be valid for the entire time that he has requested to remain in the United States with his new classification of Non-Immigrant.
Type C, D, K-1, K-2, K-3, K-4, S, TWOV, WT and WB visas meet the requirements to request a change of nonimmigrant status. On the other hand, students with J-1 and M-1 visas can make a change of status, however there are some restrictions.
However, people with type B-1, B-2, F-1, M-1 or M-2 visas can apply to extend their status. Holders of these types of visas, in addition to the F-2, J-1, J-2 and M-1 visas, can change their non-immigrant status. These requests can be made online, through the MyUSCIS application.
Also, all applications must be made 45 days before the applicant's I-94 expires, otherwise they will not even be able to attempt the change of status. To do so, it will be necessary to submit a form I-539 (Application for Extension / Change of Nonimmigrant Status) or a form I-129 (Application for Nonimmigrant Worker) depending on the type of visa required.
However, requests for change of status are not automatically approved, each individual situation will be studied by the USCIS, so it is important that the change of nonimmigrant status is well justified. USCIS officials will make a decision on approval.
Learn more about this topic, rates, additional information and more at: https://www.uscis.gov/es/formularios/explorar-mis-opciones/cambiar-mi-estatus-de-no-inmigrante
