What’s the Difference Between Changing Status and Adjusting Status?

Repeat after us: ‘Changing’ status (from one nonimmigrant category to another) is not the same as ‘adjusting’ status (applying for lawful permanent residence, also known as applying for a green card). Here’s a quick primer on the differences between the two:

Changing Status

Changing status refers to the process whereby an individual in the United States on a non-immigrant visa seeks to switch to another non-immigrant category without leaving the country. This is typically pursued when circumstances necessitate a different visa classification that better aligns with the individual’s activities and intentions in the U.S.

For example, a student holding an F-1 student visa may decide to pursue employment after graduation and thus apply to change their status to an H-1B visa holder, which permits specialized work.

The process involves filing Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). Critical considerations in this process include maintaining lawful status throughout the transition, ensuring eligibility for the new visa category, and adhering to specific filing timelines.

Changing status is generally more straightforward than adjusting status, as it does not involve the complexities associated with permanent residency. But pay careful attention to detail to ensure compliance with immigration regulations, as any missteps can jeopardize the individual’s lawful presence in the country.

Adjusting Status

Adjusting status, on the other hand, is the process by which an individual transitions from a non-immigrant visa to an immigrant visa, thereby seeking lawful permanent residency (a green card) without having to depart the United States. This pathway is often pursued by individuals who have established eligibility through family relationships, employment, or other qualifying categories.

The adjustment of status process is initiated by filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation such as proof of eligibility, medical examinations, and biometric information. This process is inherently more complex and time-consuming than changing status, as it involves rigorous scrutiny of the applicant’s background, eligibility, and admissibility to the U.S.

Eligibility for adjustment of status typically requires that the applicant entered the United States lawfully, possesses an underlying immigrant petition (such as an approved Form I-130 for family-sponsored applicants or Form I-140 for employment-based applicants), and falls within an appropriate visa category that is current according to the Visa Bulletin.

Additionally, applicants must demonstrate that they are not inadmissible on grounds such as criminal history, health issues, or security concerns.

Key Differences and Considerations

The primary distinction between changing and adjusting status lies in the intended outcome: changing status involves maintaining a non-immigrant presence, while adjusting status is for those seeking permanent residency.

Remember, changing status does not automatically lead to permanent residency, and individuals must continue to comply with the terms of their new non-immigrant visa. In contrast, adjusting status, once approved, grants the individual lawful permanent resident status, offering broader rights and stability.