Wednesday, June 30, 2010

Change of Status vs. Adjustment of Status

The world of immigration law is full of jargon, and it is very important to use that jargon correctly. One of the most common mistakes I see is the misuse of the term "change of status". A change of status has nothing to with U.S. permanent residence or a "green card". The term refers to a change from one nonimmigrant status to another. For example, someone who enters the U.S. as a B-2 visitor may later decide to attend school in the U.S. That person would need to apply for a change of status from B-2 visitor to F-1 student.

The term "adjustment of status", on the other hand, refers to the process for obtaining U.S. permanent residence (i.e., a "green card") while in the U.S. The person applies to adjust his or her nonimmigrant status to U.S. permanent residence. For example, someone who enters the U.S. as a B-2 visitor may later marry a U.S. citizen and apply for adjustment of status based on that marriage.

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