Changes and Extensions of Immigration Status
If you're a nonimmigrant currently in the United States, it's important to understand your options if you need to extend your stay or change your immigration status. Plans can change unexpectedly, and sometimes non-U.S. citizens need to extend their stay or change their visa status. If you find yourself in this situation, Yellow Law Group can help.
Understanding Immigrant and Nonimmigrant Status
Nonimmigrant Status: For those staying temporarily (students, temporary workers, tourists) with plans to return to their home country. Intent to stay permanently can lead to visa denial.
Immigrant Status: For those planning to make the U.S. their permanent home. This includes green card holders, permanent residents, and resident aliens. Holding a green card can lead to U.S. citizenship after one to five years.
Change of Status
If your circumstances have changed and you now wish to switch to a different nonimmigrant classification, you may be eligible to apply for a change of status. For example, if you entered the U.S. as a student and now have a job offer, you might seek to change your status to a work visa. To do so, specific requirements must be met to ensure eligibility.
Extension of Stay
Certain nonimmigrants who were admitted to the U.S. for a specific period may need to stay longer than initially allowed. If you find yourself in this situation, you or your petitioner can request an extension of your stay. This allows you to continue participating in the activities permitted under your current nonimmigrant classification. If you are lawfully in the U.S., you can request an extension to continue your current activities (work, studies). This must be done before your current status expires to avoid gaps and additional paperwork.
How to Apply?
To request an extension of stay (EOS) or a change of status (COS), you generally need to file either the Form I-129: Petition for a Nonimmigrant Worker or Form I-539: Application to Extend/Change Nonimmigrant Status (used for various other nonimmigrant categories) with USCIS. The form you use will depend on your current status and the status you are seeking.
It's essential to file these forms timely to avoid complications. USCIS typically does not approve extension or change of status requests if you have failed to maintain your current status or if your status expired before you filed the application. However, USCIS may, at its discretion, consider late filings if you can demonstrate that the delay was due to extraordinary circumstances beyond your control.
Examples of situations that might be considered extraordinary include:
- Labor Disputes: If your work was interrupted by a strike or other labor dispute, causing a delay in your filing.
- Government Funding Issues: If a lapse in government funding prevented you from obtaining necessary certifications in time.
To qualify for USCIS discretion, you must also show that you have remained a bona fide nonimmigrant, have not violated your status, and are not subject to removal or deportation proceedings.
Importance of Hiring an Immigration Lawyer
Navigating the U.S. immigration process can be daunting, especially when it comes to extending your stay or changing your immigration status. While USCIS provides guidelines and forms for these processes, the reality is that any mistake or delay can have serious consequences, including the risk of deportation. This is where the expertise of an experienced immigration lawyer becomes invaluable.
Understanding Complex Requirements
As outlined by USCIS, requesting an extension of stay or a change of status involves more than just filling out a form. You must meet specific eligibility criteria, file the correct documentation, and submit your request within the allowed timeframe. An immigration lawyer can help you understand these complex requirements, ensuring that you meet all the necessary conditions for approval.
Avoiding Costly Mistakes
One of the most critical aspects of filing for an extension or change of status is timing. If you fail to maintain your current status or if your status expires before you file, your request may be denied. While USCIS may excuse late filings under certain extraordinary circumstances, proving that these circumstances apply to your case can be challenging. An immigration lawyer can help you avoid these pitfalls by ensuring that your application is filed on time and correctly, significantly reducing the risk of denial.
Tailored Legal Advice
Each immigration case is unique, and the general information provided by USCIS may not cover all the nuances of your situation. An experienced immigration lawyer can provide personalized legal advice tailored to your specific needs. Whether you're dealing with an employment-related delay, a family emergency, or a government-related issue like a lapse in funding, your attorney can guide you on how best to present your case to USCIS.
Contact Yellow Law Group
For assistance with changes or extensions of immigration status, contact Sari Law Firm. Our experienced attorneys can guide you through the process efficiently.