CHANGE OF NON-IMMIGRANT STATUS

By Norka M. Schell, Esq
www.lawschell.com

When a person is present in the United States in one non-immigrant (temporary) status, and latter on he or she decides to engage in a different primary activity only permitted under a different non-immigrant status, the law requires that this person changes his or her non-immigrant status FIRST before engaging in the activity. For instance, a person who comes into United States as a tourist and decides to attend school, or a foreign student who decides to take up other than school-approved employment. In such situations, the non-immigrant has two options:

(1) he or she may file an application with the United States Citizenship and Naturalization Services to request a change of status to a non immigrant classification appropriate to the proposed activity, or

(2) he or she leaves the United States and apply for the appropriate visa at the U.S. consulate abroad, and then re-enter the U.S. in the correct non immigrant classification.

Keep in mind that the application for change of status must be filed with the United States Citizenship and Naturalization Services before the person's authorized stay expires.

If you need assistance with change of non immigrant status, please contact one of our offices at 
(212)564-1589 or (551)265-4395 to speak with a lawyer.