If you belong to the Visa Waiver Program, you are allowed to stay in the United States for up to 90 days without a Visa. However, if one wants to go beyond the specified period or transform one’s status during the stay in the United States, it is important to know the rules and legal loopholes. This guide will also explain when and how one can make such changes.
What is the Visa Waiver Program and What Countries Are Part of It?
The visa waiver program is a program that permits citizens of certain countries to visit the United States for purposes of tourism, business, or transit for up to ninety days without a visa. However, when using the VWP, it is important to know that the rules governing extension of stay or change of status are very limited. In general, modification or addition is not allowed unless predetermined factors are fulfilled.
Can You Change Your Status While on the VWP?
Typically, individuals on the Visa Waiver Program cannot extend their stay or change their status while in the U.S. However, there are a few exceptions:
Extraordinary Circumstances:
If unforeseen events prevent you from leaving before your authorized stay ends, you might be able to request an extension. Examples include medical emergencies or natural disasters. In such cases, USCIS may grant up to 30 additional days for you to depart, known as “satisfactory departure.” To apply, contact the USCIS Contact Center.
Marriage to a U.S. Citizen:
If you marry a U.S. citizen while on the VWP, you may be eligible to apply for a green card through Adjustment of Status (AOS). However, this can be complicated due to the 90-day rule; applying for a green card within 90 days of entering the U.S. could raise questions about your original intent.
How to Apply for a Change of Status
If you believe you qualify for a change of status while in the U.S. on the VWP, follow these steps:
- Gather Required Documents: Collect all necessary documentation for your application, such as marriage certificates, job offer letters, financial records, or evidence related to extraordinary circumstances.
- Submit Your Application: Complete the appropriate forms for your change of status and submit them to USCIS along with supporting documents. Ensure that all forms are filled out accurately to avoid delays or rejections.
- Pay Fees: Be prepared to pay any required application fees, which can vary based on the type of change you are applying for.
- Attend Biometrics Appointment: In some cases, you may need to attend a biometrics appointment where your fingerprints and photo will be taken for background checks.
- Wait for a Decision: After submitting your application, USCIS will review it and make a decision. This process can take several months, so patience is essential.
- Follow USCIS Instructions: If approved, you will receive instructions on what to do next; if denied, you must leave the U.S. before your authorized stay expires.
Frequently Asked Questions (FAQs)
Can I extend my stay on the Visa Waiver Program beyond 90 days?
Generally no; extensions are not permitted under the VWP unless extraordinary circumstances apply or if you become an immediate relative of a U.S. citizen.
Can I change my status to a work visa while on the Visa Waiver Program?
Yes, if an employer is willing to sponsor you, it may be possible to change your status to a work visa.
What happens if my change of status application is denied?
Consult an immigration attorney immediately; you may need to leave the U.S. before your authorized stay expires.
Can I travel outside the U.S. and re-enter while on the VWP?
Yes, but ensure compliance with VWP rules; your total stay in the U.S. cannot exceed 90 days within 180 days.
Changing your status under the Visa Waiver Program can be complex, but understanding these rules and exceptions will help simplify the process. If you’re uncertain about your options or need assistance navigating this journey, consider reaching out to immigration experts who can provide guidance tailored to your situation.
