If you are in the United States as a tourist on a B-2 visa, you may change your plans and want to stay longer. When this is the case, you will need to know how to change your status from a B-2 visa to another type of visa legally. And although this is allowed, There are certain steps you need to take to ensure you do this correctly without crossing any immigration bounds. So, keep reading to find out how to change your status from a B-2 visa to another type of U.S. visa.
Can You Change Status from B-2?
It isn’t uncommon for tourists on a B-2 visa in the U.S. to decide that they want to stay longer for different reasons. When this happens, you will need to know how to convert your B-2 visa to a different immigration status. Not only is this legally required, especially if you want to work in the U.S., but it’s also an essential step that helps you avoid overstaying on your tourist visa.
Overall, the steps you need to take to convert your status often depend on the type of visa you want to transition to. But as a general rule, you always need to start this process before your B-2 status expires.
You also cannot violate the visa terms during your stay in the United States, as this could put your future immigration options in jeopardy. For example, B-2 tourist visa are specifically designed only for tourist purposes, with a few exceptions. So, you cannot use this visa to study or work in the U.S.
Additionally, you will need to be able to prove that you did not enter the United States with preconceived immigrant intent.
Common Status Changes from B-2
If you want to change your B-2 visa to another immigration category, there are a few common options available:
- F-1 student visa: An F-1 student visa allows immigrants to study in the United States. To transition to this status, you will need to be accepted at a U.S. academic institution and file form I-20 and form I-539.
- Marriage-based adjustment of status: You can take advantage of marriage-based adjustment of status to adjust your status as a B-2 visa holder to a green card holder. However, immigrants on a B-2 visa will often face more scrutiny since they can’t enter the U.S. with the intention of staying here. The USCIS also has a 90-day rule, so if you file for a green card application within 90 days of coming to the U.S., you may automatically be presumed to have willfully misrepresented your immigration intentions. So, you should wait 91 days or longer before submitting your green card application.
- H-1B visa: The H-1B visa category is designed for those who can work in specialty occupations with a minimum of a bachelor’s degree. To transition your B-2 visa to an H-1B visa, you must be equipped to work in the specialized occupational role, already have a valid job offer from a U.S. employer, and have a legitimate employer/employee relationship if you can’t petition on your own behalf.
- Employment-based visa: Work visas allow you to transition from being a tourist to legally working in the U.S., creating a realistic pathway towards citizenship. To start this transition, you must first secure a job offer and apply for a change of status, while proving that you did not enter the U.S. with preconceived immigrant intent.
An immigration attorney can help you better understand the different requirements and application process for each visa option.
Filing Form I-539 or Adjustment of Status
To change your status from a B-2 visa holder to another immigration status, the main document you need to file is form I-539, otherwise known as adjustment of status. This is a form that is required for pretty much any type of visa change you want to make, whether that be a student or work visa.
You will need to file form I-539, ensuring all of the information you have provided is entirely accurate. You should also be prepared to include the filing fee, which can change slightly throughout the year.
In addition to form I-539, you also need to provide supporting documentation, which includes things like:
- Visa stamp
- Passport ID page
- Proof of financial support
- Copy of form I-94
- Explanation letter regarding your request
Risks and Common Mistakes When Converting immigration Status
Although the process of converting a B-2 visa is relatively straightforward, there are some issues you could run into. The most common issue is waiting too long and overstaying on your visa. This could result in you remaining in the U.S. illegally, significantly damaging your ability to convert to a different visa status.
Another issue many immigrants run into is violating their visa terms. You may be studying, working, or in the process of getting married. All of these scenarios are very likely to violate your B-2 visa terms, creating red flags for the USCIS.
Hire an Immigration Attorney Today
Do you want to convert a tourist visa to a student visa? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I marry a U.S. citizen while on a B-2 visa?
It is possible, but you need to be strategic about your timing. You need to be aware of the 90-day USCIS rule and time your application accordingly, as well as be prepared to prove that you did not have preplanned immigrant intent.
Can I work while my change of status is pending?
No. A B-2 tourist visa doesn’t allow you to work while you are in the U.S. unless you have separate work authorization.
What happens if my B-2 expires while my application is pending?
As long as you filed your application while your B-2 status was valid, you can remain in the U.S. as your application is pending.
