When navigating U.S. immigration law, terms like “Change of Status” and “Adjustment of Status” often cause confusion. Many individuals wonder how these processes differ and which one applies to their situation. At NPZ Law Group, we frequently receive questions on this topic. In this blog, we will clarify the key distinctions between Change of Status (COS) and Adjustment of Status (AOS) to help you better understand these important immigration processes.
What is Change of Status?
A Change of Status (COS) occurs when a nonimmigrant visa holder applies to change from one nonimmigrant visa category to another without leaving the United States. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and is relevant for those who wish to remain in the country but need to switch visa types.
Example of Change of Status
One of the most common examples of a Change of Status is when an individual enters the U.S. on a B-1/B-2 visitor visa and later decides to enroll in a U.S. educational institution. They would need to apply for a Change of Status to switch from a B-2 (tourist visa) to an F-1 (student visa). Similarly, an F-1 student who receives a job offer from a U.S. employer might apply for a Change of Status to an H-1B visa.
Key Points About Change of Status
- Only applies to nonimmigrant visa holders.
- The applicant must be in valid visa status when applying.
- Processing times vary, and applicants must maintain their current status until a decision is made.
- Some visa types, such as C, D, K, and Visa Waiver Program entrants, are not eligible for a Change of Status.
- If traveling outside the U.S. while a Change of Status request is pending, the application may be considered abandoned.
What is Adjustment of Status?
An Adjustment of Status (AOS) is the process of applying for a Green Card (permanent residency) while already in the U.S. This applies to individuals transitioning from a nonimmigrant visa to immigrant status without having to leave the country. Adjustment of Status is typically used by individuals with an approved immigrant petition (such as family-sponsored or employment-based petitions) and a current priority date under the Visa Bulletin.
Example of Adjustment of Status
An individual working in the U.S. on an H-1B visa who has received an approved I-140 employment-based immigrant petition may apply for Adjustment of Status to obtain lawful permanent residency (Green Card) if their priority date is current. Similarly, someone married to a U.S. citizen can apply for a Green Card through Adjustment of Status.
Key Points About Adjustment of Status
- It is a pathway to obtaining a Green Card (permanent residency).
- The applicant must meet eligibility requirements, including an available visa number.
- Applicants may be eligible for work authorization (EAD) and Advance Parole (travel permit) while the application is pending.
- Unlike Change of Status, which deals with switching nonimmigrant categories, Adjustment of Status is for individuals transitioning to permanent residency.
Key Differences Between Change of Status and Adjustment of Status
| Feature | Change of Status (COS) | Adjustment of Status (AOS) |
| Purpose | Switch from one nonimmigrant visa to another | Obtain a Green Card (permanent residency) |
| Example | B-2 to F-1 (tourist to student) | H-1B to Green Card |
| Eligibility | Only for nonimmigrants | Requires an approved immigrant petition |
| Requires a Visa Number? | No | Yes, based on Visa Bulletin availability |
| Travel Restrictions | Leaving the U.S. may result in abandonment of COS | Travel may require Advance Parole |
| Application Process | Form I-539 filed with USCIS | Form I-485 filed with USCIS |
Conclusion
Understanding the difference between Change of Status and Adjustment of Status is crucial for individuals navigating the U.S. immigration system. If you are unsure which process applies to your situation, consulting an experienced immigration attorney can help you make informed decisions.
At NPZ Law Group, we specialize in guiding clients through the complexities of U.S. immigration law. If you need assistance with a Change of Status or Adjustment of Status application, contact our team today for expert legal advice.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information. Contact us today.