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Changing From One Nonimmigrant Status to Another
How to go About Iit
How Do I Get Permission to Change to a New, Non-immigrant Status?
First things first...
Why Do You Need to Ask to Change to a New Nonimmigrant Category?
If you do not apply to change your non-immigrant status, you will be breaking U.S. immigration laws. Proof that you are willing to obey U.S. laws may be important if you want to travel to the United States as an immigrant or non-immigrant in the future. You may also become subject to removal (deportation) if you break U.S. immigration laws.
Where Can I Find the Law?
Who is Eligible?
How Do I Apply?
E - International Traders and Investors
If you are in the following non-immigrant categories, you should complete USCIS Form I-539 (Application to Extend/Change Non-immigrant Status) carefully read and complete and submit any required supporting documents:
A - Diplomatic and other government officials, and their families and employees.
The application and correct fee should be mailed to the USCIS Service Center that serves the area where you are temporarily staying. If your non-immigrant category is work-related, then the application and correct fee should be mailed to the Service Center that serves the area where you will work. Forms are available by calling 1-800-870-3676.
How Do My Spouse and Child Apply to Change Their Nonimmigrant Status?
You may include your spouse and any unmarried children under the age of 21 in your USCIS Form I-539 application if you are all in the same non-immigrant category, or if your spouse or children were given derivative non-immigrant status. Derivative non-immigrant status means that your spouse and children were given non-immigrant visas based on your non-immigrant 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.
When Should I Apply?
What If I Am Late Filing for a Change of Non-immigrant Status?
1. The delay was due to extraordinary circumstances beyond your control;
2.The length of the delay was reasonable;
3.You have not done anything else to violate your non-immigrant status (such as work without USCIS approval);
4.You are still a non-immigrant (This means that you are not trying to become a permanent resident of the United States. There are some exceptions.); and
5.You are not in formal proceedings to remove (deport) you from the country.
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