Change Of Status

Frequently Asked Questions & Answers

11. How can I appeal a USCIS decision regarding my Change of Status?

If your application to change your nonimmigrant status is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing these motions, you are asking the office to either reexamine or reconsider their decision.

A motion to:

  1. Reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence
  2. Reconsider must establish that the decision was based on an incorrect application of law or United States Citizenship and Immigration Services (USCIS) policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made

12. Who must comply with change of address rules while applying for Change of Status?

All foreign nationals in the U.S. who are required to be registered under the law must keep the United States Citizenship and Immigration Services (USCIS) informed of their changes of address. The only foreign nationals exempt from this requirement are:

  1. Diplomats (A visa status)
  2. Official government representatives to an international organization (G visa status)
  3. Certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days
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13. Where can I find the law on Change of Status?

The Immigration and Nationality Act (INA) governs the admission of all people to the U.S. For the part of the law concerning changing nonimmigrant status, please see INA § 248. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 248.