If you are in the United States on a non-immigrant visa, such as an F1 student visa or a J1 exchange visitor visa, you may eventually want to change your visa status. Whether you are seeking asylum or aiming for a green card, knowing how to navigate the U.S. immigration process is essential. This guide will explain how to change your visa status, focusing on F1 and J1 visas, but also discussing other visa options. We’ll also cover the role of experienced asylum lawyers and immigration attorneys to ensure you have the right support during this complicated process.
What Does It Mean to Change Your Visa Status?
Changing your visa status means switching from one type of visa to another while you are still in the United States. This can include going from a non-immigrant visa (like an F1 visa) to an immigrant visa (such as a green card). One of the main methods for doing this is called Adjustment of Status. The best part about this process is that you don’t need to leave the U.S. or return to your home country, as long as you meet the requirements.
Eligibility for Adjustment of Status
Not everyone is eligible to adjust their status. To change your visa status while in the U.S., you must follow the rules set by the Immigration and Nationality Act (INA):
- Eligibility for a Green Card
You must already be eligible for a green card through one of the existing U.S. immigration laws. You could qualify through:- Family sponsorship (e.g., having a U.S. citizen or permanent resident relative).
- Employer sponsorship (a U.S. company willing to sponsor your visa).
- Asylum or refugee status after at least one year in the U.S.
- Visa Petition
For family or employer-based permanent residence, you need an approved visa petition (Form I-130 for family or Form I-140 for employment). - Physical Presence in the U.S.
You must be in the United States when you file for adjustment of status. - Valid Visa Status
You need to be in valid status at the time of your application. If you’ve overstayed your visa or violated its terms, this could complicate your case.
Changing Visa Status for F1 Students
F1 visa holders have several paths to adjust their status to permanent residence:
1. Applying for a Green Card
F1 students often transition to a green card through family-based or employment-based categories. If you marry a U.S. citizen, for instance, you could file an adjustment of status application to become a lawful permanent resident.
Another option is finding an employer willing to sponsor you for a work visa like an H1-B. After securing the H1-B visa, you can later apply for a green card.
2. Application for Asylum
If you face persecution or fear returning to your home country, you can submit an application for asylum. F1 students, like other asylum seekers, can seek protection if they fear persecution based on factors like their social group, religion, or political beliefs. After being granted asylum, you can apply for a green card after one year.
3. Special Immigrant Juvenile Status (SIJS)
If you’re under 21, unmarried, and have been abandoned, neglected, or abused by a parent, you may qualify for SIJS. This allows you to change your visa status and eventually get a green card.
Changing Visa Status for J1 Exchange Visitors
J1 visa holders also have several options, though some additional hurdles, like the two-year home residency requirement, may apply.
1. Waiving the Two-Year Residency Requirement
Some J1 visa holders must return to their home country for two years after completing their program. However, you can apply for a waiver to bypass this rule. Waivers can be granted for reasons like hardship to a U.S. citizen family member or fear of persecution in your home country. After receiving the waiver, you can apply for a green card.
2. Seeking Asylum in the United States
Similar to F1 visa holders, J1 visa holders may also seek protection through an application for asylum. If you fear returning to your home country due to persecution, you can apply for asylum in the United States. Once granted asylum, you can remain in the U.S. and later apply for a green card.
3. Green Card Through Family or Employment
J1 holders can also adjust their status through family sponsorship or employment. If you have a U.S. citizen relative, or if an employer offers to sponsor your visa, these pathways can lead to permanent residence. However, you must first waive any home residency requirement before adjusting your status.
The Asylum Process
If you’re an F1 or J1 visa holder, seeking asylum may be an option if you fear returning to your home country. The asylum process involves several steps, and it’s important to follow them carefully. If your asylum case is approved, you can apply for permanent residency after one year. Here are the key steps:
- Filing the Application
Submit Form I-589, the application for asylum, to the asylum office. This form includes details about your fear of persecution based on your social group, political opinion, race, or religion. - The Asylum Interview
After filing your application, you will be scheduled for an interview with an asylum officer. The officer will review your case and ask questions to understand why you fear returning to your country. - Waiting for the Decision
The asylum office will review your case and make a decision. If your asylum case is approved, you’ll be granted asylum and can apply for a green card after one year.
Throughout the asylum process, having legal representation from an immigration lawyer is crucial. An experienced asylum lawyer can help you gather evidence, prepare for your interview, and ensure your rights are protected.
Special Immigrant Juvenile Status (SIJS)
SIJS is a pathway to a green card for minors who have been neglected, abused, or abandoned by a parent. To qualify, you must be under 21, unmarried, and have a court order stating that reunification with your parents is not possible due to abuse or neglect. Once you obtain SIJS, you can apply for permanent residence in the U.S.
How to Apply for Adjustment of Status
Step 1: Submit Form I-485
The key form to change your visa status is Form I-485, which is used to apply for a green card. You will need to provide information about your visa history, your reason for adjusting your status, and any supporting documents that prove your eligibility.
Step 2: Submit Additional Documents
Along with Form I-485, you must submit supporting documents, including:
- Proof of eligibility (e.g., family or employment sponsorship, asylum case approval, SIJS eligibility).
- Biometric information (fingerprints, photos).
- Financial and tax documents.
- A medical examination report (Form I-693).
Step 3: Attend USCIS Interview
In some cases, you may be required to attend an interview with USCIS. During the interview, you will be asked questions about your application and your reason for adjusting your status.
Step 4: Wait for a Decision
After the interview, USCIS will review your case and make a decision. Processing times vary, but in most cases, the immigration office will issue a decision within several months.
Conclusion: How We Can Help
Changing your visa status in the United States can be complex, but you don’t have to navigate it alone. Whether you’re applying for a green card, filing an application for asylum, or seeking SIJS, our team at Santos Khoury LLC is here to help. Our immigration attorneys are experienced in handling F1 and J1 visa transitions, and we offer expert legal representation in asylum cases and other immigration matters.
We understand that each asylum case and visa situation is unique, and we’re dedicated to providing the personalized attention you need. Contact us today to discuss how we can assist you with the immigration process and help you achieve your goals of living and working in the United States.
FAQs
Can I stay in the U.S. while my adjustment of status application is pending?
Yes, as long as your application is properly filed, you can remain in the U.S. until a decision is made.
Can I apply for a work permit while waiting for my green card?
Yes, you can file for a work permit (Form I-765) while your green card application is pending.
How long does the adjustment of status process take?
It varies, but most cases take several months to over a year, depending on processing times.
Can I apply for asylum even if my visa expires?
Yes, you can apply for asylum at any time, even if your visa has expired.
Do I need to leave the U.S. for a visa interview?
No, if you are applying for an adjustment of status from within the U.S., you will attend your interview at a USCIS port of entry or immigration office within the United States.
Reach out to us at Santos Khoury LLC today for all your immigration needs!
