Jurisdiction: US Federal Immigration Law

Status Change Realities

Last verified: 2026-01-25

Attorney-ReviewedUnited StatesUpdated January 25, 2026

TL;DR

  • • The 30/60 day rule creates presumptions about your intent when you entered.
  • • Change of Status is different from Adjustment of Status (green card process).
  • • Entering with intent to change status can constitute misrepresentation.
  • • Overstaying triggers bars on future entry (3-year and 10-year bars).
  • • Pending applications generally don't authorize work or extend status.

Change of Status vs Adjustment of Status

Change of Status (COS)

Changing from one non-immigrant status to another (e.g., B-2 tourist to F-1 student). Must be in valid status. Filed with USCIS using Form I-539 or I-129 depending on category.

Adjustment of Status (AOS)

Changing from non-immigrant to immigrant status (permanent resident/green card) while in the US. Filed with Form I-485. Different eligibility rules than COS - some status violations may be forgiven.

The 30/60 Day Rule Explained

Within 30 Days

Engaging in conduct inconsistent with your visa status creates a presumption of willful misrepresentation. This is very difficult to overcome.

30-60 Days

Your conduct may be considered as a factor, but there's no automatic presumption of misrepresentation. Your explanation and circumstances matter.

After 60 Days

The timing presumption doesn't apply, but USCIS can still examine your overall intent and circumstances. Legitimate changes in circumstances should be documented.

Common Misconceptions and Risks

"I can always extend my status"

Extensions are not guaranteed. USCIS evaluates each request. Multiple extensions, especially without strong justification, become increasingly difficult to obtain.

"My pending application protects me"

A pending change of status application generally doesn't extend your current status or authorize work. If your I-94 expires while pending, you may start accruing unlawful presence.

"I can fix overstay later"

Overstaying 180 days or more triggers a 3-year bar. One year or more triggers a 10-year bar. These bars apply when you leave and try to return. Certain waivers exist but are not easy to obtain.

Frequently Asked Questions

If you engage in conduct inconsistent with your visa status within 30 days of entry, USCIS presumes you misrepresented your intent. Between 30-60 days, your conduct may be considered but doesn't create an automatic presumption. After 60 days, the presumption doesn't apply, but your overall circumstances still matter.
Technically possible, but if you entered intending to study, you should have applied for an F-1 visa. Changing status shortly after entry raises questions about your original intent. The timing and your explanation matter significantly.
Adjustment of status is the process of changing from a non-immigrant status to permanent resident (green card) while physically in the US. It's different from consular processing, which requires leaving the US to get an immigrant visa at a consulate abroad.
Generally no. A pending change of status application does not authorize employment. You need specific work authorization (EAD) or a status that permits work. Working without authorization can have severe consequences.
Overstaying triggers serious consequences: visa voidance, potential bars on re-entry (3-year bar for 180+ days, 10-year bar for 1+ year), and difficulty with future immigration benefits. Unlawful presence accrues after your I-94 expires.
Generally not for most changes of status. You must typically be in valid status to change status. Adjustment of status has different rules and may be available in some circumstances even with status violations, but this is complex and case-specific.

Sources

  • •Change of Status — 8 C.F.R. § 248 (8 C.F.R. § 248)
  • •Adjustment of Status - INA § 245 (8 U.S.C. § 1255)
  • •USCIS - Change of Status

Last verified: 2026-01-25

Related Pages

Pathways to the US→Tourist Visa Realities→What This Platform Does→

Cite This Entry

Standard

EchoLegal, “Status Change Realities,” EchoLegal Legal Encyclopedia, v1.0 (last updated Jan 25, 2026), https://echo-legal.com/en/amerika/statuden-statuye-gecis-gercekleri.

Bluebook

Status Change Realities, EchoLegal Legal Encyclopedia (last updated Jan 25, 2026), https://echo-legal.com/en/amerika/statuden-statuye-gecis-gercekleri.

Citation ID:ecl-gde-00009

This content is for general informational purposes only and does not constitute legal advice.