Staying in the US out of status has its own negative consequences. Therefore, it’s advisable to change the status while in the U.S. rather than stay out of your status. Such consequences include deportation, denial of admittance to the U.S. for at least 3 to 10 years. Because it is possible to change your legal status from one type of visa to another including change from immigrant visa to a citizenship, we certainly encourage all visitors change their status.
Before applying for a change of status, there are some requirements that must be met:
- You must have been lawfully admitted to the US.
- You must have a clean criminal record while in the US.
- Submit the application for a change of status. Use I-539 Form when changing or extending your current status.
Change of legal status is possible for most of the visitors. However, there are certain individuals who cannot apply for a change of status. Aliens in transit can’t apply so can’t crewmen, fiancé or dependents to the fiancée, a spouse or minor child accompanying you to U.S. while in transit and certain visitors on J-1 visa must return to their homecountry upon completion of their program.
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