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, you must be aware that the rules for extending your stay or changing your status are highly restrictive. Generally, you cannot modify or add to your status unless you meet specific predetermined conditions.
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, the 90-day rule can complicate this process. Applying for a green card within 90 days of entering the U.S. may lead to scrutiny regarding 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. Fill out all forms accurately to prevent delays or rejections.
- Pay Fees: Prepare to pay any required application fees, which vary based on the type of change you are requesting.
- Attend Biometrics Appointment: In some cases, you must attend a biometrics appointment, where officials will take your fingerprints and photo 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.
What are the main exceptions to changing status while on the Visa Waiver Program
The Visa Waiver Program (VWP) allows citizens from certain countries to enter the United States for tourism or business for up to 90 days without a visa. However, changing status while on the VWP is generally restricted. Here are the main exceptions where changing status may be possible:
1. Extraordinary Circumstances
Individuals on the VWP may be allowed to change their status if they face extraordinary circumstances that prevent them from leaving the U.S. before their authorized stay expires. Examples include:
- Medical emergencies
- Natural disasters
- Other unforeseen events beyond their control
In such cases, U.S. Citizenship and Immigration Services (USCIS) may grant a discretionary extension of up to 30 days for “satisfactory departure”.
2. Immediate Relative Petitions
Visa Waiver Program entrants can adjust their status if they have an immediate relative who is a U.S. citizen and files a petition on their behalf. This exception applies even if the individual overstays the 90-day limit. However, it’s crucial to note that an overstay renders the individual removable, and they cannot contest removal based on any adjustment application except for asylum.
3. Violence Against Women Act (VAWA)
Individuals applying under VAWA may also be exempt from the general prohibition against adjusting status while on the VWP. This law provides protections for victims of domestic violence, allowing them to seek adjustment of status despite their entry under the VWP.
4. Specific Nonimmigrant Categories
While most changes of status are not permitted for VWP entrants, there are rare exceptions involving specific categories such as U visas or asylum applications. However, these cases are not common and typically require legal guidance.
Key Considerations
- Intent at Entry: Individuals entering under the VWP must declare that they do not intend to stay in the U.S. permanently. If they apply for a change of status shortly after entry, suspicions of visa fraud could be raised.
- Removal Orders: If an individual is under investigation or has a removal order issued by Immigration and Customs Enforcement (ICE), this can affect their ability to adjust their status.
Eligibility for Status Change under Visa Waiver Program
- General Rule: Typically, individuals on the VWP are barred from changing their status or adjusting to permanent residency while in the U.S. This is because entering under the VWP implies that you do not intend to remain in the U.S. beyond your authorized stay.
- Extraordinary Circumstances: There are exceptions where individuals may change their status if they face extraordinary circumstances, such as medical emergencies or natural disasters that prevent them from leaving. In such cases, USCIS may grant a discretionary extension of up to 30 days for “satisfactory departure” .
- Immediate Relatives of U.S. Citizens: Immediate relatives (spouses, children) of U.S. citizens may have some privileges that allow them to adjust their status despite having entered under the VWP. This includes the ability to file for adjustment of status using Form I-485 if they meet specific criteria.
To change 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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a B-1/B-2 Visa or an F-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
