Changing Your Immigration Status: Options and Requirements

One of the more common questions we get at Tourzani & Long, LLC goes something like this: “I came here on a student visa, but now I’m getting married—can I stay?” Or, “I have a work visa but want to apply for asylum—is that allowed?” The short answer is yes, in some cases you can change your immigration status without leaving the country. But the process is rarely straightforward. 

Immigration status changes—whether from student to permanent resident, tourist to work visa, or visa holder to asylum seeker—are possible, but they come with conditions. If you’re considering changing your status, it’s important to understand your options and what might get in your way. 

What Does It Mean to Change Status?

Changing your immigration status means shifting from one nonimmigrant category to another (like from a visitor visa to a student visa), or adjusting from a nonimmigrant status to lawful permanent residence (a green card). These processes fall under two broad categories: Change of Status (COS) and Adjustment of Status (AOS). 

COS is typically used when you’re in the U.S. on one visa type and want to switch to another—for example, going from B-2 tourist to F-1 student. AOS is used when you become eligible to apply for a green card, often based on marriage, family petitions, employment, or humanitarian relief. 

Timing Is Everything

One of the biggest factors in any status change is timing. You have to apply before your current status expires. If you overstay—even by a few days—you could be disqualified or barred from adjusting status in the future. 

There are also rules about “immigrant intent.” Some visas, like tourist and student visas, require that you intend to return to your home country. Applying to adjust status shortly after entering the U.S. on one of these can raise red flags. The government may question whether you were honest about your original purpose for visiting. 

That doesn’t mean you’re stuck—but it does mean you have to tread carefully. 

Common Status Changes

We’ve helped clients with a wide range of status changes. Here are a few of the more common ones: 

• Tourist (B-2) to Student (F-1): Requires acceptance into a SEVP-approved school and filing Form I-539 before your B-2 expires. 

• Student (F-1) to Employment (H-1B): Typically involves a lottery system and employer sponsorship. It’s time-sensitive and often competitive. 

• Nonimmigrant to Green Card through Marriage: If you marry a U.S. citizen and entered the U.S. legally, you may be eligible to file Form I-130 and Form I-485 together. 

• Asylum Application While in Legal Status: You can apply for asylum regardless of your current visa, as long as you’re still within one year of arriving in the U.S. 

Each of these paths comes with its own paperwork, requirements, and risks. No two cases are exactly the same. 

Watch Out for Status Violations

One mistake we see often is assuming that submitting an application protects your legal status. It doesn’t always. For example, filing a green card application without valid underlying status can put you in a tricky position if you’re not eligible to adjust in the first place. 

Working without authorization or overstaying your visa can also affect your eligibility. Even if you qualify for a new status, prior violations might make it harder to get approved. That’s why we always suggest reviewing everything before making a move—especially if your status is close to expiring. 

What You’ll Need

Documentation is key. USCIS expects to see: 

• Proof of your current legal status (I-94, visa stamp, etc.) 

• Evidence supporting your new status (school acceptance, marriage certificate, job offer) 

• Financial records to show you won’t be a public charge 

• Strong personal statements explaining your circumstances and intent 

In some cases—like humanitarian applications or waivers—additional documentation will be required to explain past issues or demonstrate hardship. 

Why Legal Guidance Matters

Changing immigration status can feel deceptively simple at first—just a form here and there, right? But in reality, small mistakes can lead to denials or even removal proceedings. We’ve worked with people who tried to handle it on their own and ended up with requests for evidence they didn’t understand or missed key deadlines that set them back months. 

At Tourzani & Long, LLC, we take the time to understand your background and goals, then help you chart the clearest path forward. Whether you’re planning to marry, go back to school, or shift to a work-based visa, we’re here to guide you through the process. 

We serve individuals across a wide range of immigration categories and welcome inquiries from all backgrounds. To learn more about your options or get started with a case evaluation, visit tourzanilaw.com.