Changing or Extending Your Non-Immigrant Status While in the U.S.

Thứ Tư, 02 Tháng Chín 201506:45(Xem: 5439)
Changing or Extending Your Non-Immigrant Status While in the U.S.


You can change or extend your non-immigrant status while in the US if you have not violated the terms of your visa and if you are still in good status when you submit the application to change or extend. 

CIS Form I-539 is used by B visa visitors to extend their stay or change to another nonimmigrant status; and it is used by F-1 student visa holders to apply for re-instatement.

You must submit an application for extension of stay, or change of status, before your current authorized stay expires.  You should file at least 45 days before your stay expires or as soon as you determine your need to change or extend status. 

Failure to file before the expiration date may be excused if you can demonstrate that the delay was due to extraordinary circumstances beyond your control or the length of the delay was reasonable, and you have not violated your status.

The I-539 form is used by B-1 or B-2 Visitors, to extend their stay in the US.   They must give reasons for the request, the reasons why the extended stay would be temporary, including what arrangements have been made to depart from the United States.

The I-539 is also used to request a change from B1 or B2 to F-1 student visa, or to request re-instatement of a student visa.  You will need to  submit an I-20 form from the school and proof of ability to pay for study and living expenses in the US.

For F-1 Reinstatement, you must submit evidence that your violation of status resulted from circumstances beyond your control or that that failure to approve reinstatement would result in extreme hardship to you.

Sometimes foreign students are not aware that they have fallen out of status.  They need to check with their Foreign Student Advisor every semester to make sure their status is maintained.

B-1/B-2 Visitors Who Want to Enroll in School must first acquire F-1 student status.  Enrolling in classes while in B-1/B-2 status will result in a status violation.  Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 status. There are no exceptions to these regulations.   

If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F.   If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.  

In summary, there are two rules to keep in mind about changing or extending B1/B2 non-immigrant status:

  1. You must apply for an extension or change before your current visa expires, and 
  2. You must avoid doing anything that violates the terms of your visa, such as enrolling in school or accepting any kind of employment.


Q.1  Is F2 status available for parents who want to remain in the US with their F1 student children?  

A.1.  No.  Parents who want to remain in the US while their children study must request extensions of their B2 visa.  It is possible for CIS to grant these extensions six months at a time.   


Q.2.  For foreign students: What will happen if you have been out of status for more than 5 months at the time of filing your request for re-instatement?

A.2. You must provide evidence that your failure to file within the 5 month period was the result of exceptional circumstances and that you filed your request for reinstatement as promptly as possible under these exceptional circumstances.  If there are no exceptional circumstances, your request for re-instatement may be denied.


Q.3. Is it permissible to enroll in school while in B-1/B-2 status?

A.3. No, it is not.  The regulations specifically prohibit study in the United States while in B-1 or B-2 status. 

Immigration Support Services - Tham Van Di Tru      

9070 Bolsa Ave.,  Westminster CA  92683                 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122           (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823         (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC            (848) 3914-7638
Thứ Tư, 23 Tháng Chín 2015(Xem: 5700)
At one time, a child who turned twenty-one years of age was no longer eligible to receive a green card as part of a parent's case. The CSPA was intended to help provide relief for this unfair outcome.
Thứ Tư, 16 Tháng Chín 2015(Xem: 5031)
From refugees to full American citizens, the Vietnamese American communities have grown to a total of almost 1.5 million members.
Thứ Ba, 08 Tháng Chín 2015(Xem: 6292)
Currently, there are 1.05 million F-1 academic & M-1 vocational students studying in the United States. In addition, there are 245,000 J-1 exchange visitors in the United States.
Thứ Ba, 18 Tháng Tám 2015(Xem: 6273)
At this time, CIS is asking the public for comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on unlawful presence in the US.
Thứ Năm, 13 Tháng Tám 2015(Xem: 6111)
Investing in real estate projects in exchange for legal immigration status has become big business in New York City.
Thứ Hai, 10 Tháng Tám 2015(Xem: 5896)
At the Consulate in Saigon, it has been business as usual, with no unusual developments. In the cases of an American citizen’s parents, spouse or minor children, there is no limit of visas and no long waiting time.
Thứ Bảy, 01 Tháng Tám 2015(Xem: 4862)
California lawmakers are considering a measure to allow work permits for farm workers living in the country illegally.
Thứ Sáu, 24 Tháng Bảy 2015(Xem: 5329)
President Barack Obama appears likely to lose – again – in the lengthy legal fight over his executive actions on immigration.
Thứ Tư, 15 Tháng Bảy 2015(Xem: 4275)
The US federal government continues to deport illegal immigrants, but California has moved in the opposite direction, encouraging integration rather than deportation.
Thứ Năm, 09 Tháng Bảy 2015(Xem: 4149)
Does travel outside the United States affect permanent resident status and does it increase the waiting time for Naturalization?