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Switching nonimmigrant visa categories

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If you want to change the purpose of your visit while you’re in the United States, then you, or in some cases your employer, must ask the USCIS to change your nonimmigrant status. Not all requests will be honored. For instance, if you’re a tourist who wants to become a student in the U.S., you should state that you’re looking into schools when you first enter the United States on a tourist visa. Otherwise, you’ll need to first leave the country before being able to obtain a student visa.

If you were admitted to the United States in one of the following visa categories, you may not apply to change your nonimmigrant status (you will first need to leave the country in order to change your immigration status):

 C (Alien in Transit)

 D (Crewman)

 K-1 or K-2 (Fiancé[e] or Dependent of Fiancé[e])

 K-3 or K-4 Certain Husbands and Wives of U.S. Citizens and their Dependent Children

 S (Witness or Informant)

 TWOV (Transit without Visa)

 WT or WB (Under the Visa Waiver Program)

If you were admitted in any of the following nonimmigrant categories, there are certain restrictions concerning your ability to request a change in your nonimmigrant status:

 J-1: An exchange visitor subject to the two-year foreign residence requirement cannot change status, with certain exceptions.

 M-1: A vocational student cannot change status to F-1. (Also, a vocational student cannot change status to any H classification even if the vocational training helped the student qualify for the H classification.)

For more information, see the USCIS FAQ M-577: “I am a nonimmigrant C-2: How do I change to another nonimmigrant status?” at www.uscis.gov/sites/default/files/document/guides/C2en.pdf

There’s one exception to the rule that limits nonimmigrant visa holders to the activity stated on their visas: Business travelers may stay for pleasure after their business is over — providing they leave the country within the time period designated on their I-94 cards. Everyone else who wants to change the nature of their visit from the purpose stated on their visa must submit an application to change status to the USCIS. Failing to do so constitutes breaking U.S. immigration law, which in turn damages your chances of getting future temporary or permanent visas.

U.S. Citizenship For Dummies

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