Changing Visa Status

U.S. Visa Application and U.S. Passport
U.S. Visa Application and U.S. Passport

Each nonimmigrant visa is issued for a specific purpose, allowing the visa holder to fulfill that intent. Occasionally, foreign nationals might want to modify their visit’s objective in the U.S., like a tourist wishing to enroll in an educational institution.

If you require assistance with a change of nonimmigrant status, contact Hanlon Law Group, P.C., to consult with a knowledgeable immigration lawyer today.

Criteria for Modifying Nonimmigrant Status

To alter the type of nonimmigrant visa, one must file an application with the U.S. Citizenship and Immigration Services (USCIS). For a successful status change, an individual should:

  • Reside legally in the U.S. with a valid visa
  • Have a U.S. visa category that’s eligible for status modification (Certain categories are ineligible)
  • Adhere to all visa conditions (e.g., not working without proper authorization)
  • Initiate the status change before the visa’s expiration
  • Maintain a passport that remains valid throughout the new nonimmigrant status
  • Fulfill the prerequisites for the new nonimmigrant category

Meeting these criteria doesn’t guarantee approval. Given the lengthy processing times, USCIS recommends applying at least 60 days before visa expiration. However, applications can be submitted up to six months in advance.

Transitioning from Nonimmigrant to Permanent Residency

Transitioning from a nonimmigrant visa to permanent residency in the U.S. can be intricate. Initially, nonimmigrant visa applicants must demonstrate ties to their home country and the intent to return. Misrepresenting intentions can lead to deportation.

Yet, both USCIS and the U.S. Department of State acknowledge the dual intent doctrine. This means an individual’s intent can evolve over time. Demonstrating dual intent can be challenging. If you’re considering permanent residency, it’s advisable to consult an immigration lawyer before applying.

Consult an Immigration Specialist

Altering your nonimmigrant status can be intricate and time-intensive.

For more insights about modifying your nonimmigrant status or if you’re aiming for temporary U.S. employment or permanent residency, reach out to Hanlon Law Group, P.C. An expert in immigration law is available to guide you.

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Contact the Experienced Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.

The trusted Los Angeles immigration attorney at Hanlon Law Group, P.C. is waiting to speak to you, find out more about your immigration needs, and explain your options. Having handled countless professional visa applications for foreign professionals and U.S. employers, our lawyer has the experience and insight you can count on for exceptional service and representation.

Our experience, skills and dedication to our clients are backed by the following, which all of our clients can expect to receive:

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Our cutting-edge system facilitates the visa petition process, while providing clients with real-time case information about the status of their petition, PERM certifications, etc.

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Call (866) 227-5527 or email us via the contact form to learn more about our experience and services, as well as how we can help you.

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