If you are an immigrant in the United States, you may at some point want to change your immigration status. A change of immigration status allows you to legally stay in the country longer, work, and study, among other things. Below are some of the most common methods for changing your immigration status in the United States with immigration lawyers in El Paso Texas.
Changing your immigration status in the United States is a significant decision that can have long-lasting implications for your life and legal standing. Whether you’re aiming to adjust from a temporary visa to a green card or switching between non-immigrant visa categories, the process requires careful planning, knowledge of U.S. immigration laws, and patience. In this guide, we’ll cover everything you need to know about changing your immigration status, the necessary forms, fees, and timelines, and the common pitfalls to avoid. This comprehensive resource is designed to help you navigate the system with confidence, ensuring that your application is processed smoothly.
Why changing your immigration status is important
The U.S. immigration system offers a variety of visa categories, each with different conditions, durations, and benefits. Over time, your personal or professional circumstances may change, making it essential to modify your immigration status to reflect your current goals. For example, if you entered the U.S. as a student, you might later secure employment and wish to change to a work visa or seek permanent residency through a family or employment-based petition.
Changing your immigration status has several advantages:
- Legal protection: Adjusting your status can protect you from the risk of deportation if your current visa is close to expiring.
- Employment opportunities: Certain visa categories provide work authorization, which opens the door to new career opportunities.
- Access to benefits: With a green card or permanent resident status, you gain access to various government benefits, including healthcare, education, and retirement programs.
Working with experienced professionals, such as immigration lawyers in El Paso Texas, can provide personalized guidance on your unique situation, ensuring you take the best steps forward.
Key steps to changing your immigration lawyers in El Paso Texas
Changing your immigration status in the U.S. can involve multiple steps, depending on the type of status you’re transitioning to and your current situation. Below is a detailed look at the essential stages involved in the process.
1. Determine your eligibility
Before you begin, it’s important to ensure that you meet the eligibility criteria for a change of status. Not all visa holders are allowed to switch to another status. Some categories come with restrictions, and certain visa holders may be ineligible to adjust their status while remaining in the U.S.
Here are some common visa categories and eligibility guidelines:
- Student visa to work visa (F-1 to H-1B): If you’ve completed your studies and found an employer willing to sponsor you, you may be eligible to change from a student visa to a work visa.
- Non-immigrant to immigrant (Temporary to permanent): If you have a non-immigrant visa but qualify for a green card (through family sponsorship or employment), you can apply to adjust your status.
- Tourist visa to green card: Generally, it’s challenging to adjust status from a tourist visa to a green card unless you marry a U.S. citizen or have another qualifying reason.
Ineligible visa categories
- Visa waiver program (VWP): Travelers who entered the U.S. under the Visa Waiver Program are usually not eligible to change their status unless they are adjusting based on marriage to a U.S. citizen.
- C, D, and K visas: Certain categories like transit visas (C) and crewman visas (D) are not eligible for adjustment of status, making it critical to evaluate your visa type before applying for a change.
2. Prepare and file the appropriate application
Once you determine eligibility, the next step is to file the necessary forms with U.S. Citizenship and Immigration Services (USCIS), immigration lawyers in El Paso Texas. Here’s a breakdown of the most commonly used forms for changing immigration status:
- Form I-485 (adjustment of status): Used by individuals who want to adjust from a non-immigrant visa to permanent resident status (green card). This is often applied for by family members of U.S. citizens, employment-sponsored immigrants, or those with refugee or asylum status.
- Form I-539 (change of non-immigrant status): This form is used by individuals seeking to change from one non-immigrant visa category to another (for example, from F-1 student visa to B-1 tourist visa).
- Form I-130 (petition for alien relative): This form is used by U.S. citizens or permanent residents to sponsor a family member’s immigration to the U.S. It’s typically a precursor to filing for a green card.
- Form I-765 (application for employment authorization): For those waiting for their adjustment of status application to be processed, this form allows applicants to request permission to work in the U.S. while their case is pending.
In addition to filing forms, you’ll need to provide evidence to support your application, such as proof of your current immigration status, immigration lawyers in El Paso Texas, employment offers, or family relationships.
3. Pay the required fees
Most applications require filing fees, which vary depending on the form you’re submitting. Below is an example of common fees:
- Form I-485: The cost of applying for adjustment of status (green card) is typically $1,225 (this includes the biometrics fee).
- Form I-539: Changing non-immigrant status usually costs $370.
- Form I-130: The filing fee for a family-based petition is $535.
It’s important to note that these fees can change, and USCIS regularly updates its fee schedules. Certain applicants, such as those with financial hardship, may be eligible for a fee waiver.
4. Attend biometrics appointment and interview
Once USCIS receives your application, they will schedule a biometrics appointment for you. During this appointment, your fingerprints, photograph, and signature will be taken to verify your identity and run background checks.
If you’re applying for a green card or other permanent status, you may also be required to attend an in-person interview. The interview is an opportunity for USCIS to verify the details of your application and ask any clarifying questions. For family-based petitions, both the applicant and the sponsor may be interviewed.
5. Receive a decision and finalize your status
After completing all necessary steps, including biometrics and interviews, USCIS will review your application and issue a decision. Processing times vary depending on the type of change in status you’re applying for, as well as USCIS’s current caseload.
Here’s a look at average processing times for some common applications:
- Adjustment of status (Green Card): 8-14 months
- Change of non-immigrant status: 3-6 months
- Family-based petitions: 7-15 months
If your application is approved, congratulations! You’ll receive a formal notice from USCIS and any relevant documents, such as a green card or new visa. If your application is denied, USCIS will inform you of the reasons for denial, and you may have the option to appeal or reapply with additional evidence.
Change of status from a temporary visa
If you are in the United States on a temporary visa, such as a student, tourist or business visa, you can apply for a change of status to a visa that allows you to stay in the country for a longer period of time. It is important to note that not all temporary visas allow a change of status, so it is important to verify whether the visa you have is eligible. immigration lawyers in El Paso Texas.
Adjustment of status from a fiancé(e) or spouse visa
If you are engaged to or married to a U.S. citizen or permanent resident, you may apply for adjustment of status to become a permanent resident yourself.
Adjustment of status from a work visa
If you have a temporary work visa, such as an H-1B visa, you can apply for adjustment of status to become a permanent resident if you meet certain requirements, such as having an employer who is willing to sponsor you.
Request from a family member
If you have a U.S. citizen or permanent resident relative who wishes to sponsor you, you can apply for a change of status through a family petition. immigration lawyers in El Paso Texas.
Asylum
If you have come to the United States because of persecution or fear of persecution in your home country, you may apply for asylum and, if granted, you may apply for adjustment of status to become a permanent resident.
How to apply for a change of immigration status?
The application process to change your immigration status varies depending on the type of status you wish to change to. In general, the steps to follow are:
- Identify what type of immigration status you wish to obtain and whether you are eligible to apply for it.
- Gather all necessary documentation for the application, including proof that you are eligible for the immigration status you want.
- File the application and pay the appropriate fee.
- Wait for the application to be processed and, if necessary, attend an interview with an immigration officer.
It is important to keep in mind that the application process can be lengthy and complex, so it is advisable to seek the assistance of an immigration lawyers in El Paso Texas to maximize the chances of success in the process.
Changing immigration status in the United States can be an exciting and rewarding path for immigrants who want to stay legally in the country longer and have more opportunities for work and study. However, the application process can be complicated and costly.
Common forms for changing immigration status
| Form name | Purpose | Associated fee | Processing time |
|---|---|---|---|
| Form I-485 | Adjustment of Status (Green Card) | $1,225 | 8-14 months |
| Form I-539 | Extension or Change of Non-Immigrant Status | $370 | 3-6 months |
| Form I-130 | Petition for Alien Relative (Family Sponsorship) | $535 | 7-15 months |
| Form I-765 | Application for Employment Authorization | $410 | 4-7 months |
| Form I-131 | Application for Travel Document | $575 | 5-8 months |
It is important to research and understand the requirements and limitations of each type of immigration status before deciding which one is most appropriate for your particular situation, and to seek the help of an immigration lawyers in El Paso Texas to ensure that the application is processed correctly. Remember that the process can be lengthy and costly, but if done correctly, a change of immigration status can lead to a more stable and prosperous life in the United States.
FAQs: Common questions about changing immigration status
1. Can I change my immigration status if I overstayed my visa?
It depends on the circumstances. Overstaying your visa may limit your options, but you may still be eligible to adjust your status if you have a qualifying family member or employer sponsorship. It’s essential to speak with an immigration lawyer for guidance on your specific case.
2. How long does the status change process take?
Processing times vary based on the type of application and USCIS workload. Green card applications, for instance, can take anywhere from 8 months to over a year. Non-immigrant visa changes typically take 3 to 6 months.
3. Do I need to hire an immigration lawyer to change my status?
While it’s possible to file the necessary forms on your own, an immigration lawyer can ensure your application is complete, accurate, and has the best chance of approval. They can also help if any legal issues arise during the process.
4. Can I travel while my status change is pending?
You should avoid traveling while your application is pending unless you have applied for and received Advance Parole. Traveling without this document may result in the abandonment of your application.
5. What happens if my application is denied?
If your application is denied, you may have the option to appeal or reapply with additional evidence. However, it’s important to address the reasons for the denial before reapplying. Consulting an attorney can be beneficial in such cases.
Conclusion
Changing your immigration status is a complex process that requires careful consideration, proper documentation, and patience. By understanding the eligibility requirements, completing the necessary forms, and maintaining legal status throughout the process, you can successfully navigate the U.S. immigration system. If you’re uncertain or facing challenges, consulting with immigration lawyers in El Paso Texas, or your local area can provide valuable support to ensure your application is on the right path.
