Can a Non Immigrant Adjust Status in the US?
A non immigrant can adjust status to another non immigrant category without going out of US or applying for a new visa. Form I539 is used by the non immigrants to either extend their stay in the US or to change from one non immigrant category to another non immigrant category.
When a non immigrant status is adjusted, one can enjoy certain privileges that come with the new category that they have adjusted their status to. Employment benefits are restricted for the non immigrants visa holders when compared to the immigrant visa holders. Certain non-immigrant categories authorize work for a limited amount of time. For example, for every four months in which a person with an M-1 student visa is enrolled in the vocational program, he/she is authorized to work for one month. An M-1 student is allowed to work for a maximum of 6 months. This is considered to be paid practical experience for them.
All visa categories come with their own benefits and restrictions. They may allow a person to extend their stay under a certain non-immigrant visa category or to change status from one non-immigrant visa to another. To do so the applicant has to file the I539, Application to Extend/Change Nonimmigrant Status.
Instructions for completing I 539 immigration form:
Adjustment of status is a procedure for the non immigrant to change his/her status from one non-immigrant to another. Form I539 can be used non US citizen to change non immigrant status from one to another or to extend the status. It can also be used by a non immigrant F-1 or M-1 student applying for reinstatement. The form I539 should be filed 45 days before the expiring of the stay. Failure to file before the mentioned date can be excused
if the delay was not in your control and was due to unavoidable circumstances.
there is valid reason for the length of delay
the present status has not been violated
if you are not in the removal proceedings
Non immigrants who may file this form include Ambassador, Public Minister, A-3 attendant or servant of a non immigrant, B1/B2 visitors, Dependents of E Treaty Trader or Investor, F-1, Academic Student, Dependents of H, Temporary worker, J-1, Exchange Visitor, L intra company transferee, M-1 Vocational or Non academic student, dependents of artists, athletes or entertainers, religious workers, TD dependents of TN non immigrants,V spouse or child of a lawful permanent resident. Extension of visas or adjustment of status is not granted if the current status is alien with a transit or crewman or fiance or dependent of the fiance K1 or K2. K3 and K4 visa holders are eligible to apply for an extension during the processing of the I 130 application which is being applied on their behalf.
While filing the form I539 there are certain documentation that has to be provided like the original form I 94 which is the Non immigrant Arrival and departure record. In case of failure to submit form I 94, you can submit form I102, Application for Replacement of Arrival/ Departure document a valid passport. A completed and error free application with the necessary documents has to be submitted to process the form I539 successfully. Failure to provide and true information will lead to denial of the application and prosecution as well.