Extending or Adjusting Nonimmigrant Status

How do I extend my nonimmigrant status?

When you entered the country, you received a Form I-94,Arrival/Departure Record. It indicates when you must leave the country. After many years of service, the Revalidation Division of the Department of State discontinued its domestic revalidation service for E, H, I, L, O and P visas. The Enhanced Border Security and Visa Entry Reform Act requires the Department of State to collect a biometric identifier (fingerprint) from all nondiplomatic visa applicants. It is not feasible for the Department of State to collect the biometric identifiers. So now all E, H, I, L, O and P visa holders must apply for a renewal of their visa abroad. Diplomatic and official visas, including NATO visa holders, are exempt from this requirement. If you cannot travel to your home country, you can apply at a U.S. Embassy or Consulate in Canada, Mexico or other country, but you must make a visa interview appointment at the embassy or consulate. The Department of State Web site has information on U.S. Embassies and Consulates and their visa interview appointment systems.

Who cannot extend their nonimmigrant status?

Some foreign nationals cannot extend their visas. Among others, these include: those admitted to the United States under the Visa Waiver Program, as an alien in transit, as a fiancé of a U.S. citizen or dependent of a fiancé or as an informant (and accompanying family) on terrorism or organized crime.

I lost my visa. How do I replace it?

Starting in October 2004 requests for replacement of a damaged, lost or stolen visa issued in the Visa Office in Washington D.C. must be made overseas.

I entered the United States with a temporary visa but now I want to get a green card and become a lawful permanent resident. How do I do this?

If you were admitted to the United States in a nonimmigrant, refugee or parolee category, you may change your status to a lawful permanent resident if you are eligible to receive an immigrant visa and one is immediately available. You will be counted as an immigrant as of the date of adjustment. You must have a sponsor file a petition or application on your behalf just as you would if you had applied for a green card instead of a temporary visa. Once the application is approved, the USCIS will contact your sponsor and you will be given an immigrant visa number. Once you are given an immigrant visa number, you can apply to adjust to permanent resident status using Form I-485. The form is available on the USCIS Web site. The Web site also contains detailed information on how to file the form and what supporting documents are needed.

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