Late Filing to Change Nonimmigrant Status

My nonimmigrant visa has expired.  Can I still submit a late filing for a change of nonimmigrant status with the USCIS?

If your current status expired before you filed an application with the USCIS to change your status, or if you have otherwise violated the terms of your status, such as by working without authorization, then you are out of status.  You may still be able to apply for a change of status.  If you have fallen out of status, except in certain limited instances related to circumstances beyond your control, you cannot change your status.  Staying longer than the period of time for which you were granted admission may also have a negative effect on your ability to get other benefits or to return to the U.S. at a later time.  If your current status has already expired, you may still file for a change of status but you must approve that:

  • The delay of filing was due to extraordinary circumstances beyond your control
  • The length of delay was reasonable - as determined by USCIS officials
  • You have not violated other terms (other than over stayed)
  • You did not try to apply for green card (there are some exceptions)
  • You are not currently in deportation


What qualifies as “circumstance beyond your control” is at the total discretion of the USCIS officer reviewing your application. Simply not getting around to filing on time will not be sufficient.  Call our Los Angeles immigration law firm today for assistance with your visa application, nonimmigrant change of status, or any immigration matter. Our immigration and visa attorneys offer a free consultation to all new clients.  [LINK TO CONTACT JCS]

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