Change of status vs adjustment of status: the difference

Community answers

The answers below are translated from the original Russian - the language of the community chats.

• A classic explanation from the chat: change of status refers to non-immigrant statuses; adjustment of status is the transition from non-immigrant to immigrant. You cannot change your status and obtain a green card - a green card is only through adjustment (or consular processing).

• The practical consequence of changing status within the U.S.: a new visa is not stamped in your passport. You have the status, but no visa: after departure, you'll need to go to the consulate for stamping, with all its risks and waiting times.

• If you entered on a tourist visa and are considering changing status: participants remind about the 90-day guideline - filing immediately after entry appears as a concealment of intent (misrepresentation) and can jeopardize both the current case and future visas.

• The anchor of your status is the I-94 record. After approval of status change, a new I-94 arrives along with form I-797, and the online I-94 system updates only after the next entry on a visa - this confuses many.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

• Form I-539 (change/extend status)
• Form I-485 (adjustment of status)

Related on this site

• Glossary: change of status
• Glossary: adjustment of status
• Form I-94: what it is and how to check it
• Glossary: dual intent

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