What is Consular Processing and Change of Status?
On the other hand, the change of status process is a means by which a person already present in the U.S., on a valid non-immigrant visa, such as a B-2 visitor visa, can apply to change their visa status to another status. The key to a change of status petition is that the petition must be received by the United States Citizenship and Immigration Services (USCIS) prior to the expiration of the I-94 card issued to the applicant. As long as this is achieved, and as long as the current visa status the applicant is on allows for a change of status petition to be filed, as most do, the applicant may remain in the U.S. until a decision is rendered by USCIS.
Note that understanding the difference between a visa stamp in your passport and an I-94 documents is of utmost importance and plays a critical role in whether one must consular process or if you have the option of filing your case as a change of status petition. Read more about this in our FAQ dedicated to this issue.
Complete Guide To The EB-5 Green Card: Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families
If you are seeking permanent residence status in the U.S., request a free copy of Complete Guide To The EB-5 Green Card to learn about the EB-5 visa program.Learn More +
EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision
Vaughan de Kirby's book, EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision was written for EB-5 investors who are selecting a regional center.Learn More +