How to Change Your Non-Immigrant Visa Status While in New Jersey

If you are currently in New Jersey on a non-immigrant visa and wish to stay in the United States longer or change the reason for your stay, it is possible to apply for a change in your visa status. Changing your visa status allows you to shift from one category of visa to another while remaining in the country. Many people find themselves needing this service for various reasons, such as staying to continue school, working for a new employer, or even adjusting to a family-based status. Understanding how to navigate this process while following the rules is essential to ensure everything goes smoothly. The Scheer Immigration Law Group provides personalized guidance and support to individuals navigating the complexities of Non-Immigrant Visa cases, ensuring a smooth application process.

Understanding Non-Immigrant Visas

A non-immigrant visa is issued to people who intend to stay in the United States temporarily. There are many different types of non-immigrant visas, each designed for a specific purpose. For example, someone may have a visa to study, visit family, receive medical care, or work for a specific employer. These visas come with clear conditions, including how long the visa holder can stay in the U.S. and what activities they are permitted to do. When circumstances change, or a person wants to stay longer or pursue different opportunities, they may need to change their visa status.

Changing your non-immigrant visa status while in New Jersey can be done, but it requires a thorough understanding of the legal steps involved. You must ensure that you are still eligible to stay in the U.S. and that you are applying for the correct visa category. If done incorrectly, it could result in having to leave the country or face other consequences.

Eligibility for Changing Visa Status

Before you can change your visa status, you must meet certain requirements. First, you must be in the United States legally, and your current visa status must still be valid. If your visa has expired, you will not be eligible to apply for a change in status, and other legal steps may be necessary. You must also not have violated the conditions of your current visa, such as working when your visa does not allow you to do so or overstaying your permitted time.

Additionally, not all visa categories can be changed. For example, individuals on certain types of visitor visas cannot change their status to a work visa. Understanding whether your visa category allows for a change is essential before applying. Working with legal professionals can help you determine if changing your status is possible in your situation.

Filing a Change of Status Application

Once you have determined that you are eligible to change your non-immigrant visa status, the next step is to file a formal application with the U.S. Citizenship and Immigration Services (USCIS). This application must be submitted before your current visa expires. It is always advisable to apply as early as possible to ensure that there is enough time for processing. If your visa expires before your change of status is approved, you may be considered out of status, which could lead to problems.

The application requires you to fill out the appropriate forms, provide documentation supporting your request, and pay any necessary fees. For example, if you are changing to a student visa, you will need to provide proof of enrollment at an accredited school. If you are switching to a work visa, your new employer will need to sponsor your application, providing proof that you have a job offer and that they meet all the necessary requirements.

The process can take several months, so it is essential to plan. During this time, you are generally allowed to stay in the United States while your application is being processed, provided you submitted the request on time.

Changing to a Student Visa

Many individuals come to the United States on a temporary basis and then decide that they want to pursue education. If you are currently on a non-immigrant visa and wish to change to a student visa, you will need to apply for an F-1 or M-1 visa. This change allows you to stay in the U.S. as a full-time student at an accredited school.

To change to a student visa, you must first be accepted into an educational institution that can issue a Form I-20, which certifies your eligibility for a student visa. Once you have this form, you can include it in your application to USCIS to change your status. While waiting for approval, you may begin preparations for your studies, but it is important not to start classes until your change of status has been approved unless you are already on a visa that permits it.

Switching to a Work Visa

Many non-immigrant visa holders also choose to change their status to a work visa. If you have received a job offer and wish to work in the U.S., your employer can file for a visa on your behalf, such as an H-1B or L-1 visa. These visas allow you to stay in the country and work for the sponsoring employer for a specified period.

Your employer will need to prove that you meet the qualifications for the position and that the job fits within the visa category. There are also quotas on certain types of visas, so it is important to apply early to avoid missing deadlines or limits. Once your work visa is approved, you can start working legally for the sponsoring employer.

It is crucial to remain in the U.S. legally while waiting for your visa status change to be approved. Starting a job before your change of status has been finalized is considered a violation of your current visa, which could result in the denial of your application or other penalties.

Transitioning to a Family-Based Status

Sometimes, individuals on non-immigrant visas may be eligible to change their status to a family-based visa, particularly if they have close relatives who are U.S. citizens or permanent residents. For example, if you are married to a U.S. citizen, you may be eligible to adjust your status to that of a permanent resident, often referred to as getting a green card.

To do this, you will need to file a petition with USCIS showing your relationship to the sponsoring family member, such as a marriage certificate. In many cases, you may also be eligible to apply for work authorization while your status change is being processed. This can be a longer process, depending on your circumstances, but it is one of the most common ways individuals on non-immigrant visas transition to permanent residency.

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Including Your Spouse and Children in a Green Card Application

Working While an Adjustment Application is Pending

Consequences of Not Following the Correct Process

It is important to follow all the necessary steps when applying for a change in your non-immigrant visa status. Failure to do so could result in serious consequences, such as having to leave the United States and possibly facing a bar on reentry for a certain period. Overstaying your visa, working without authorization, or providing incorrect information on your application can also lead to a denial of your change of status and could affect future immigration applications.

Working with legal professionals who understand immigration law can help ensure that you follow all the necessary procedures and submit the correct paperwork. This helps avoid delays and ensures that your application has the best chance of being approved.

What Happens After Your Status is Approved

Once your change of status is approved, you will receive notification from USCIS. The approval notice will include information about your new visa category, the terms and conditions of your stay, and the expiration date of your new visa. Be sure to follow these conditions closely, as violating them could affect your ability to stay in the U.S. or apply for future immigration benefits.

For example, if you changed to a student visa, you must remain enrolled in school and maintain full-time status. If you changed to a work visa, you must continue to work for the employer who sponsored you. Any changes in your circumstances, such as quitting your job or switching schools, may require you to apply for another change of status.

If you wish to extend your stay in the U.S. beyond the expiration date of your new visa, you will need to file for an extension before it expires. This is a separate process that requires additional paperwork and fees. It is crucial to stay on top of these dates to ensure that you remain in the country legally.

Navigating the process of changing your non-immigrant visa status while in New Jersey can be complicated. There are many factors to consider, and any mistake could delay your application or affect your ability to remain in the United States. The Scheer Immigration Law Group is here to help guide you through this process. Whether you are looking to switch to a student visa, work visa, or family-based status, our team is dedicated to helping you understand your options and file the necessary paperwork. Reach out to The Scheer Immigration Law Group today to discuss your situation and get started with your visa status change.