If you are in the United States and your visa is about to expire, or if you have simply changed your plans, you should know that, in many cases, it is possible to change or extend your status without having to leave the country. This process is called change of status (troca de status) ou extension of status It is worth noting that this is done directly with USCIS, within the U.S.
But be aware: this process has strict rules, critical deadlines, and mistakes that can result in a denial or, worse, an irregular situation without the person even realizing it.
In this article, the team at You Abroad USA clearly explains how the process works in practice, what the deadlines are, the most common mistakes, and what to do if you find yourself in this situation.
WHAT IS A STATUS CHANGE?
A change of status allows you to change your status while you are still in the U.S., without having to return to Brazil and apply for a new visa at the consulate.
For example:
- From a tourist visa (B1/B2) to student status (F1)
- From au pair (J1) to tourist (B2) or student (F1) status
The main form used for this process is Form I-539 from USCIS. However, in some cases, other forms may be required, depending on the type of status sought.
WHO CAN REQUEST A STATUS CHANGE?
However, not everyone is eligible. To request a change in status, you must:
- Be in the U.S. with active legal status at the time of the application
- Not having violated the terms of their current status
- Meet the requirements for the status you wish to obtain
- File your application before your I-94 (admission document) expires
Important:The expiration date on your passport is not the one that matters. In other words, what determines how long you can stay in the U.S. is the date on your I-94, available at http://i94.cbp.dhs.gov/.
If your I-94 is marked as D/S (Duration of Status), there will be no specific expiration date. In that case, the reference date will be the date on your visa or the date indicated in your program document—such as the DS-2019, o I-20 or another equivalent document.
To avoid misinterpreting these dates and ensure that everything is in order, it is recommended that you seek appropriate support.
HOW LONG DOES THE PROCESS TAKE?
USCIS processing times vary widely depending on the volume of applications and the processing center.
On average:
- Change of status from J1 to B2 or F1: 4 to 6 months
- Change of status from B1/B2 to F1: 4 to 6 months
- B1/B2 status extension: 3 to 5 months
Premium Processing is available for certain types of petitions, which guarantees an initial response from USCIS within 45 business days, but it is not available for all forms.
While your application is being processed, you may remain in the U.S. legally (known as the “authorized stay” period), even if your original I-94 has already expired, provided that the application was filed before the deadline.
THE MOST COMMON MISTAKES THAT LEAD TO REJECTION
1. FILING AFTER THE DEADLINE
This is the most serious mistake. If you file Form I-539 after your I-94 has expired, USCIS may automatically deny your application due to a lack of lawful status at the time of filing.
2. HISTORY OF IRREGULAR STATUS
Any period during which you were in the U.S. without legal status, even if brief, could jeopardize your application. USCIS reviews your complete admission history.
3. INCOMPLETE OR INCONSISTENT DOCUMENTATION
Was a document missing? Was the signature incorrect? Did the address not match? These technical details can trigger an RFE (Request for Evidence), which delays the process or results in a denial.
4. FAILURE TO DEMONSTRATE INTENTION NOT TO IMMIGRATE
For temporary statuses such as B2 or F1, USCIS needs to see that you have ties to your home country (family, property, bank account) and that you do not intend to immigrate permanently in an unauthorized manner.
5. TRYING TO CHANGE YOUR STATUS WHEN YOU ARE NOT ELIGIBLE
Some visa categories do not allow for a change of status; for example, individuals who entered the U.S. on a visa-waiver visa (Visa Waiver Program) generally cannot change their status while in the country.
WHAT HAPPENS IF THE APPLICATION RECEIVES AN RFE?
An RFE (Request for Evidence) is a request from USCIS for additional documents or clarification regarding your case. Receiving an RFE does not mean that your application has been denied, but it does require your attention and a response within a specified timeframe (usually 30 days).
Responding inappropriately to an RFE is one of the most common causes of a delayed denial. Therefore, having legal guidance throughout the entire process—especially when receiving an RFE—makes all the difference in the outcome.
WHY SHOULD YOU DO THIS WITH PROFESSIONAL GUIDANCE?
Many people try to fill out Form I-539 on their own and end up making avoidable mistakes. The forms contain technical questions that, if answered incorrectly, can have serious consequences for one’s immigration history.
You Abroad USA handles the entire process: filling out forms, helping you create a USCIS account, securely submitting your documents, and following up until approval.
Contact our team on WhatsApp to discuss your case:
CONCLUSION
Changing your visa status in the U.S. is a valuable option, but it requires good timing, complete documentation, and knowledge of the rules. Don't wait until the last minute.
If you're in the U.S. and are thinking about changing or extending your status, the best time to act is now, before you enter the critical window.
The licensed attorney on our team is ready to evaluate your case and guide you through every step of the process with confidence and clarity.
Please note: This post is for informational purposes only and does not constitute legal advice.
