Change of Status
When a nonimmigrant is admitted into the United States, a U.S. official will assign a nonimmigrant category status according to the purpose of the visit. For example, a nonimmigrant can enter the United States temporarily for business, study, temporary employment or pleasure. If a nonimmigrant wants to change the purpose of his or her visit while in the United States, then the alien, or in some cases an employer, must ask the U.S. Citizenship and Immigration Services (USCIS) to change the current nonimmigrant status. (Please note that this is different from Adjustment of Status, in which a nonimmigrant requests that the USCIS convert his or her status to that of a permanent resident.) For instance, if an alien arrived in the U.S. as a tourist, but then wanted to become a student, he or she must submit an application to change status with the USCIS. If an alien does not apply to change nonimmigrant status, he or she will be breaking U.S. immigration laws by engaging in an activity not specifically provided for by his current nonimmigrant status. Proof that one is willing to obey U.S. laws may be important at a later time if the immigrant or nonimmigrant wishes to travel to the United States at some point in the future. In many circumstances, an alien may also become subject to removal (deportation) if work or study is outside of his current nonimmigrant status. Any of the immigration attorneys in our Michigan office can help with the process of change of status.
To change to the following categories, an employer must file a Change of Status (Petition for Nonimmigrant Worker) and any required supporting documentation on your behalf:
- E - International Traders and Investors
- H - Temporary Workers
- L - Intra-company Transferees
- O - Aliens of Extraordinary Ability
- P - Entertainers and Athletes
- Q - Participants in International Exchange Programs
- R - Religious Workers
- TN - Canadians and Mexicans Under NAFTA
- J - Exchange Visitors and Families
If an alien is in the following nonimmigrant categories, he or she may file for Change of Status on their own behalf:
- A - Diplomatic and other government officials, and their families and employees
- B - Temporary visitors for business or pleasure
- F - Academic Students and their families
- G - Representatives to international organizations and their families and employees
- I - Representatives of foreign media and their families
- M - Vocational Students and their families
- N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international organization in the United States
Please note that the rules for Change of Status vary by the status one is changing from or to. For example, if time limitations on a certain category have not been met, it may not be possible to change to a new category.
Also, a spouse and any unmarried children under the age of 21 may file for derivative nonimmigrant status based on the principal alien's Change of Status. Derivative nonimmigrant status means that a spouse and children are given nonimmigrant visas based on the principal alien's nonimmigrant status. For instance, if a student is given an F-1 "Academic Student" visa, then the spouse and child are given F-2 "Spouse and Child of an Academic Student" visas.
If an application to change nonimmigrant status is denied, the applicant will receive a letter explaining why the application was denied. An applicant will not be allowed to appeal a negative decision to a higher authority. However, the applicant or employer, whoever filed the original application, may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. Filing these motions asks the office to either reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see Appeals.
If you are interested in changing your status or any have any questions about this process, please call the immigration attorneys in our Michigan office for more information.
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The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America. |
