How long does a change of status take?

Asked by: Miss Talia Nader II  |  Last update: November 13, 2022
Score: 4.4/5 (36 votes)

Change of Status Within the United States. Important points to know: Processing with USCIS can take 6 to 12 months plus mailing time or longer depending on USCIS processing times. While the application is pending you may not leave the United States.

How long does it take to approve change of status?

Change of Status is a complicated process which can take 11-13 months to process and in some cases can result in requests for further evidence or a denial. Note that not all visa statuses will allow you to start your studies while the application is pending.

Can I stay in the U.S. while waiting for change of status?

The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

Can I travel after applying for change of status?

Once USCIS approves your change of status petition, you may travel internationally. Your H-1B status will take effect on the date that was requested.

How long does it take to adjust status through marriage?

The current total wait time for a marriage-based green card averages about 17 months. This will vary depending on whether you are married to a U.S. citizen or green card holder and where you currently live (additional backlogs may be applicable depending on your location).


22 related questions found

How long does Adjustment of Status Take 2022?

The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.

Can I travel while my adjustment of status is pending?

Can you travel during this period? Generally speaking, adjustment applications will need to obtain an advance parole document in order to travel outside the U.S. while their Form I-485 (the application for a Green Card, or adjustment of status) is pending.

What happens if change of status is denied?

Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney.

How long does it take for I-485 to be approved 2022?

After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months.

How does change of status work?

If you want to change your status while in the United States, you (or in some cases your employer) must file a request with the U.S. Citizenship and Immigration Services (USCIS) on the appropriate form before your authorized stay expires.

How long can you stay in America without a green card?

You can stay in America for up to 90 days if you don't have a visa under The Visa Waiver Program, which lets most nationals or citizens of participating countries travel to America for business stays or tourism for that amount of time.

Can I adjust my status if I overstayed my visa?

Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).

Can I study while waiting for change of status?

If you are requesting to change from another nonimmigrant status to F or M student status and your current nonimmigrant status does not permit you to enroll in classes, do not enroll in classes or begin your studies until USCIS has approved your change of status.

What is the 30 60 days rule in immigration?

The 30/60 day rule (which was used before September 2017) assumed that if an adjustment of status application was filed within 30 days of entering the U.S. then the applicant misrepresent their original intent and they would subsequently be denied and those filed 30-60 days after coming to the U.S. were flagged as ...

Can I go to college while I-485 is pending?

That probably depends on how the school handles international students. A pending I-485, in the eyes of immigration, is not lawful permanent resident status until the final approval, but schools may handle their own tuition requirements differently.

Should I get a lawyer for adjustment of status?

This can involve two or more status steps that require visas and a Green Card. You should work with an attorney throughout the adjustment of status or consular processing.

Can I stay in U.S. while waiting for marriage green card?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.

Who qualifies for adjustment of status?

In 1960, Congress amended INA 245(a) and made adjustment of status available to any otherwise eligible applicant who has been “inspected and admitted or paroled” into the United States.

What happens if immigration does not believe your marriage?

The USCIS grants adjustment of status at its discretion, meaning it doesn't just grant it to anyone. In other words, a marriage certificate doesn't automatically give you a “right” to a marriage-based green card. As such, if your application is denied, you can either appeal the decision in court or reapply.

How long does it take for USCIS to make a decision?

Although some cases may take longer, USCIS field offices and service centers try to adjudicate motions within 90 days. The AAO strives to complete its review of motions within 180 days from the time it receives a complete case file.

How long does it take for USCIS to update case status?

Usually, USCIS receipt notice can take anywhere from 15 to 30 days. Sometimes, if there are delays at the Service center, there are cases, where it can take few months. In such cases, you should reach out to USCIS to get to know more.

What is my status while waiting for green card?

If you want a case status update about your application, you can: Go to our Case Status Online page and use your Form I-485 receipt number to look up your case status. Submit a case inquiry if you think your application is outside of our normal processing times. Call our USCIS Contact Center at 800-375-5283.

How long does it take to get a green card 2022?

It may take up to 90 days from the date you entered to receive your permanent resident card. You entered the U.S. using your immigrant visa, You paid the immigrant visa fee AFTER you entered, It may take up to 90 days from the date you made your payment to receive your permanent resident card.

Can I get back into the U.S. without my green card?

Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.