If you’re in the United States on a temporary visa and considering extending your stay or transitioning to permanent residency, you may have heard the terms Change of Status and Adjustment of Status. While these two processes sound similar, they have distinct purposes, eligibility requirements, and outcomes. Understanding the difference between them is crucial to determining the right pathway for your immigration goals.
At our immigration law firm, we help clients navigate the complexities of U.S. immigration law, including guiding them through both the change of status and adjustment of status processes. With our expertise, you can make informed decisions about your immigration journey and ensure that your application is handled correctly from start to finish.
What is Change of Status?
Change of Status (COS) refers to the process of changing from one non-immigrant visa category to another while you are still in the United States. For example, you may currently be in the U.S. on a tourist visa (B-2) and want to change your status to a student visa (F-1) or work visa (H-1B). A change of status allows you to extend your stay in the U.S. for a different purpose without having to leave the country and reapply for a new visa.
Who is Eligible for Change of Status?
To be eligible for a change of status, you must:
- Be in valid non-immigrant status at the time you apply.
- Meet the eligibility requirements for the new visa category you’re applying for.
- Not have violated the terms of your current visa, such as overstaying your visa or engaging in unauthorized employment.
Not all visa categories are eligible for a change of status. For example, individuals in the J-1 exchange visitor category who are subject to the two-year home residency requirement generally cannot change their status within the U.S. without first obtaining a waiver.
Common Reasons for Change of Status
Some common reasons people apply for a change of status include:
- Transitioning from a tourist visa to a student visa (B-2 to F-1) to begin studying in the U.S.
- Switching from a student visa to a work visa (F-1 to H-1B) after completing studies and receiving a job offer.
- Changing from a work visa to a dependent visa (H-1B to H-4) if your spouse is now the primary visa holder.
What is Adjustment of Status?
Adjustment of Status (AOS) is the process of changing from a non-immigrant visa (temporary) to an immigrant visa (permanent) while staying in the U.S. This process allows individuals to apply for a Green Card (lawful permanent residency) without having to leave the U.S. and go through consular processing in their home country.
Adjustment of status is most commonly used by individuals who are already in the U.S. and are *married to a U.S. citizen, **sponsored by an employer, or *qualify under a family-based petition. Once your adjustment of status is approved, you will become a lawful permanent resident and receive a Green Card.
Who is Eligible for Adjustment of Status?
To be eligible for adjustment of status, you must:
- Be physically present in the U.S. and have entered the U.S. lawfully (usually on a visa).
- Have an approved immigrant petition (such as a family-based or employment-based petition).
- Be eligible to adjust based on the visa category for which you are applying (e.g., spouse of a U.S. citizen, employment-based preference category).
- Not be inadmissible to the U.S. on certain grounds, such as criminal history or immigration violations. In some cases, a waiver may be available to overcome inadmissibility.
Adjustment of status is a pathway to permanent residency, meaning once approved, you will receive a Green Card and the right to live and work in the U.S. permanently.
Common Reasons for Adjustment of Status
Some common reasons people apply for adjustment of status include:
- Marriage to a U.S. citizen and seeking to obtain a Green Card.
- Sponsorship by an employer for permanent residency.
- Family-based petitions, such as being the parent, child, or sibling of a U.S. citizen or lawful permanent resident.
- Winning the Diversity Visa Lottery and adjusting status while already in the U.S.
Key Differences Between Change of Status and Adjustment of Status
While both processes allow you to change your immigration status without leaving the U.S., they serve different purposes and have different eligibility requirements.
| Factor | Change of Status (COS) | Adjustment of Status (AOS) |
|---|---|---|
| Purpose | Changing from one non-immigrant visa to another | Changing from non-immigrant to immigrant (permanent resident) |
| Type of Status | Temporary (e.g., student, tourist, work visa) | Permanent (Green Card) |
| Eligibility | Must be in valid non-immigrant status | Must have an approved immigrant petition or visa availability |
| Outcome | Receive a different non-immigrant status | Receive a Green Card (permanent residency) |
| Travel Requirement | No travel required; change happens while in the U.S. | No travel required; adjustment happens while in the U.S. |
| Example | Tourist visa (B-2) to Student visa (F-1) | Non-immigrant visa to Green Card via marriage to U.S. citizen |
How We Can Help You Navigate Change of Status and Adjustment of Status
Our immigration law firm has extensive experience helping clients successfully change their status or adjust their status based on their unique immigration goals. Here’s how we can assist you:
1. Eligibility Assessment and Strategic Guidance
The first step in either process is determining whether you are eligible for a change of status or adjustment of status. We will carefully evaluate your current immigration status, visa history, and goals to identify the best path forward. Whether you are seeking to extend your stay temporarily or transition to permanent residency, we will provide clear, strategic guidance.
2. Comprehensive Application Preparation
We will guide you through the entire application process for either change of status or adjustment of status. This includes completing all necessary forms (such as Form I-539 for COS or Form I-485 for AOS), gathering required documentation, and submitting a well-prepared application package to USCIS. Our attention to detail ensures your application is thorough and reduces the likelihood of delays or denials.
3. Legal Representation and Support Throughout the Process
From the initial application to any interviews or requests for additional evidence, we will be by your side every step of the way. We will ensure you are prepared for any challenges that arise and represent you before USCIS, advocating for your best interests.
4. Tailored Solutions for Your Unique Situation
Every immigration case is different. We will take the time to understand your personal circumstances and tailor our approach to meet your specific needs, ensuring that you have the best chance of success in changing or adjusting your status.
Why Choose Us?
Choosing the right immigration lawyer is critical to the success of your case. Our law firm offers:
- Extensive experience with both COS and AOS cases: We have helped numerous clients navigate the complexities of changing and adjusting status, ensuring smooth transitions and successful outcomes.
- Personalized legal service: We understand that every case is unique, and we take the time to provide tailored solutions for your specific situation.
- Commitment to your success: We are dedicated to helping you achieve your immigration goals, whether it’s extending your stay or obtaining permanent residency.
Schedule a Consultation Today
Whether you need help with changing your status to another visa category or adjusting your status to become a permanent resident, our experienced immigration attorneys are here to guide you through the process.
Contact us today to schedule a consultation and learn more about your options. We will assess your case, provide expert legal advice, and help you take the next step toward achieving your immigration goals in the U.S.
