|
In
general, you may apply to change your nonimmigrant
status if you were lawfully admitted into the United
States with a nonimmigrant visa, your nonimmigrant
status remains valid, and you have not committed any
crimes that would make you ineligible.
You may not apply
to change your nonimmigrant status if you were
admitted to the United States in the following visa
categories:
(VWPP)
- Visa Waiver Pilot Program (or the Guam Visa Waiver
Program)
D - As a crewman
C - As an alien in transit or in
transit without a visa
K - As a fiancé(e) or spouse of a
U.S. citizen or dependent of a fiancé(e) or spouse
S - As an informant (and accompanying
family) on terrorism or organized crime
If you are an international
exchange visitor (J visa category) you may not
change your nonimmigrant status if you were admitted
to the United States to receive graduate medical
training, unless you receive a special waiver. In
addition, some exchange visitors must meet a foreign
residence requirement before they are allowed
to change status. This means that some international
exchange visitors must leave the United States and go
back to their home country for a minimum of two years
before applying to come to the United States as a
temporary worker or an immigrant. If you are an
exchange visitor and are required to meet the foreign
residence requirement, you must receive a waiver if
you wish to change your nonimmigrant status without
returning home. If you do not receive a waiver, then
you may only apply to change to the A (Diplomatic and
other government officials, and their families and
employees) or G (Representatives to international
organizations and their families and employees)
nonimmigrant categories. For more information on
international exchange visitors, please see How Do I
Waive the Foreign Residence Requirement if I am an
Exchange Visitor? . In addition, please see the Department
of State, Bureau of Consular Affairs and the Department
of State Websites. The applicable laws can be
found at 8
CFR 214.2 and 212.7.
If you are a vocational
student (M visa category), you may not
apply to become an academic student (F visa category).
You also may not apply to change from the
vocational student visa category to a temporary worker
visa category (H) if it was the training you received
as a vocational student in the United States that made
you qualified for the temporary worker position.
You do not need to
apply to change your nonimmigrant status if you
were admitted into the United States for business
reasons (B-1 visa category), and you
wish to remain in the United States for pleasure
before your authorized stay expires.
If you are in the
United States as the spouse or child of someone in the
following nonimmigrant visa categories, you do not
need to apply to change your status if you wish
to attend school in the United States (as long as your
parent or spouse maintains their original nonimmigrant
status).
A -
Diplomatic and other government officials, and their
families and employees.
E - International Trade and Investors
G - Representatives to international
organizations and their families and employees.
H - Temporary Workers
I - Representatives of foreign media
and their families
J - Exchange Visitors and their
families
L - Intracompany Transferees
If you are in the
United States as the spouse or child of someone in the
F (Academic Student) or M (Vocational Student) visa
category, you do not need to apply to change your
status if you wish to attend elementary, middle, or
high school in the United States. If you wish to
attend post-secondary school full-time, you must apply
for change of status.
|