Changing or Extending Status in the U.S.
Sometimes, a foreigner enters the United States under a nonimmigrant status, such as a visitor or student, and later their plans change, and they wish to extend their stay or switch their status for some reason. U.S. immigration law provides a process for such situations, allowing for the extension or change of status.
When a foreigner wants to change from a nonimmigrant status to an immigrant status, it becomes a much more complicated process. However, in most cases, a person simply needs to extend their stay under a nonimmigrant visa or change from one nonimmigrant status to another. In this case, they need to fill out and submit form I-159, providing justification for the request to extend or change their status and attaching all required documents.
Although the procedure for changing status is set forth in U.S. law and foreign nationals have the opportunity to do so, the process is serious and requires significant effort to be successful.
Key Points for Changing or Extending Status:
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Intent at the Time of Entry: You must prove that your intent to extend or change your status was formed only recently, not initially when you entered the U.S. You must show that your visa was not simply a way to enter the U.S. without proper intentions.
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Approval is Not Guaranteed: Not all petitions are approved, as it is expected that you should have stated your true purpose of travel at the time of entry, not misled the embassy officer. The review process can take months, and you must be prepared for the waiting period.
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Potential Future Impact: Additionally, if you leave the U.S. after your status extension or change, the record of your extension or status change may hinder your ability to obtain future nonimmigrant visas. The extension or status change might be viewed as an indication of immigration intent, which could negatively affect future visa applications, not only for you but also for your family members applying for U.S. visas.
Given the seriousness of the process, it is essential to approach the matter of extending or changing your status in the United States with valid reasons. To clarify all the risks associated with this process and evaluate your chances of success, a consultation with Attorney Matthew Morley can be helpful.