Key Takeaways:
- The M2 to D visa transfer allows you to change your immigration status without leaving the United States.
- Steps for changing your visa status include confirming eligibility, filing Form I-539, and providing supporting documentation.
- Benefits of changing to a D visa include staying in the U.S., employment opportunities, and maintaining legal status.
If you’re currently in the United States on an M2 visa, which is designated for the dependents of M1 vocational students, and are looking into how to change your visa status to a D visa (for crewmembers), then this guide will walk you through the process.
Understanding the M2 to D Visa Transfer
The M2 to D visa transfer process involves changing your immigration status from an M2 dependent to a D crewmember without leaving the United States. This process is administratively referred to as “Change of Status” (CoS).
Steps for Changing Your Visa Status
Here’s a step-by-step process for changing your visa status:
- Confirm Eligibility: Before you start the transfer process, verify that you are eligible to change your status. You must be in the U.S on a valid M2 visa and your current status must not have expired.
Form I-539: You need to file Form I-539, Application to Extend/Change Nonimmigrant Status. This form is used by nonimmigrants to request an extension of stay or a change from one nonimmigrant category to another.
- Supporting Documentation: Gather the necessary supporting documents. This includes evidence of your (or your M1 principal’s) valid status, proof of relationship to the M1 visa holder if you are a dependent, and details of your proposed employment on a D visa.
Application Fee: As of the latest update, there is a fee associated with Form I-539. Ensure you check the current fee and include it with your application.
Biometrics: After the USCIS receives your application, you’ll likely be notified to provide biometrics at a designated Application Support Center.
Processing: Wait for the USCIS to process your application. Processing times can vary, so it’s important to plan accordingly and monitor the status of your application.
Approval and Transition: If your application is approved, you will receive a new I-94, Arrival/Departure Record, indicating your D visa status.
Remember to stay on top of the expiration dates of your current visa to avoid falling out of status. If your M2 visa expires before your CoS is approved, you could face legal complications.
Advantages of the Visa Status Change
Changing your visa status from M2 to D comes with several benefits:
– No Need to Leave the U.S: You can transition from an M2 to a D visa without having to leave the country and apply from your home country.
– Employment Opportunities: The D visa is employment-based, allowing you to work legally as a crewmember on sea vessels or international airlines in the United States.
– Uninterrupted Stay: You can maintain your legal status in the U.S. while the change of status is being processed, as long as you applied before your M2 visa expired.
Considerations Before Changing Your Visa Status
However, there are also considerations to keep in mind:
– No Automatic Approval: The USCIS evaluates each application on a case-by-case basis and approval is not guaranteed.
– Processing Times: The processing times for CoS applications can be lengthy, so it is crucial to apply well before your current status expires.
– Limited Activities: D visa holders are restricted to crew-related activities. Ensure that your intended activities in the U.S. align with what is permitted under a D visa.
– Cost: There is a financial cost associated with the change of status process, including the application fee and any legal fees if you hire an immigration attorney.
By understanding both the advantages and considerations, you can make an informed decision on whether the M2 to D visa transfer aligns with your needs and future plans in the United States.
In summary, transferring from an M2 to a D visa involves a careful process of submitting the right forms, supporting documents, and fees to the USCIS and comfortably awaits the outcome without the necessity to leave the U.S. This process not only opens up specific employment opportunities but also allows you to maintain continuity in your stay.
For further detailed guidance, always refer to the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an experienced immigration attorney.
Still Got Questions? Read Below to Know More:
“Do I need a lawyer to help me change from an M2 to a D visa, or can I do it on my own
Changing your immigration status from an M-2 visa, which is for dependents of M-1 vocational student visa holders, to a D visa, a type of visa for crew members of sea vessels or international airlines, can be a complicated process. While it’s not legally required to have a lawyer to assist you with changing your visa status, having professional legal guidance can be very helpful to navigate the complex immigration laws and ensure that all paperwork is correctly completed.
If you decide to undertake the process on your own, you must first ensure that you meet the eligibility criteria for the D visa. “You must be a crew member serving onboard a sea vessel or aircraft in the United States, have a D visa, or have a combination of C-1 and D visas if you are transiting through the United States,” according to the U.S. Department of State – Bureau of Consular Affairs. You would need to file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit any required supporting documents. It’s crucial to follow the instructions carefully and submit all required evidence.
For accurate information and forms, you should use the official United States Citizenship and Immigration Services (USCIS) website. Here is a link to the Form I-539 information on the USCIS website: Form I-539, Application To Extend/Change Nonimmigrant Status. Remember that making errors on your application or failing to submit the correct documentation can result in delays or denial of your application, which is why some people opt for the assistance of an immigration lawyer. However, it is possible to successfully complete the process on your own if you pay close attention to the instructions and requirements.
“What happens if I get a job offer as a crew member but my M2 visa change to a D hasn’t been approved yet
If you receive a job offer as a crew member while on an M2 visa and you’ve applied for a change to a D visa, but the change hasn’t been approved yet, you are not authorized to start working as a crew member. The M2 visa is a type of dependent visa for the spouse or child of an M1 vocational student, and does not allow the visa holder to work in the United States. On the other hand, a D visa is a nonimmigrant visa specifically for crew members who will be working on sea vessels or international airlines in the United States, and it allows the visa holder to engage in such employment.
You should not start your employment as a crew member until you have received official approval for your visa change from M2 to D. “You must maintain your M-2 nonimmigrant status while your Form I-539, Application To Extend/Change Nonimmigrant Status is pending. […] If you fail to maintain your nonimmigrant status, you may be ineligible for a change of status from USCIS.” (Source: U.S. Citizenship and Immigration Services – https://www.uscis.gov/i-539)
Here are the steps you should follow:
- Check your case status online regularly using your receipt number to see if your application has been processed: https://egov.uscis.gov/casestatus/landing.do
- If USCIS needs more information or documents to process your application, they will send a Request for Evidence (RFE); respond to this promptly.
- Wait until you receive official communication from USCIS regarding the decision on your visa change application.
Remember that engaging in unauthorized employment while your change of status application is pending can lead to a denial of your application and potentially affect your ability to remain in or return to the United States. If you have any doubts or require assistance, it’s best to consult with an immigration attorney or an accredited representative.
“Can my kids still go to school in the US while I switch from an M2 to a D visa
Yes, your children can continue to attend school in the United States while you change your status from an M2 visa (dependent of an M1 visa holder) to a D visa (crewmember visa). It’s important to maintain legal status during the entire process, and this includes ensuring that your children’s status as dependents is also maintained during the transition.
The United States Citizenship and Immigration Services (USCIS) states that:
“As long as you maintain your nonimmigrant status, your children as derivatives will also maintain their status.”
It is crucial for you to file for a change of status before your M2 visa (and by extension your children’s M2 status) expires. Here are some points to keep in mind:
- Ensure your Form I-539, Application to Extend/Change Nonimmigrant Status, is filed on time.
- Continue to comply with all the visa requirements for your current M2 status until a decision is made on your new application.
- Your children should not have any interruptions in their school attendance due to the visa change as long as they remain in legal status.
For more accurate and updated information, please consult the official USCIS website or contact an immigration attorney. Here is the link to the Form I-539 page on the official USCIS site: USCIS Form I-539. Remember, immigration laws and regulations can change, so it’s always best to check the current rules and procedures with USCIS or a qualified immigration expert.
“I’m an M2 visa holder; will I lose my D visa change status if I divorce my M1 spouse
If you are currently holding an M-2 visa, which is a dependent visa for the spouses and children of M-1 visa holders (students in vocational or other nonacademic programs), it is important to understand how changes in your marital status can affect your immigration status.
Upon a divorce from your M-1 spouse, you would typically no longer be eligible for the M-2 visa status because your eligibility is based on your relationship with the M-1 principal visa holder. According to the U.S. Department of State, “The spouse and children of an M-1 student may not accept employment. They must leave the US within 30 days after the M-1 student’s program ends or upon termination of the student’s status.” This suggests that maintaining your status as an M-2 visa holder is contingent on your marital relationship with the M-1 visa holder.
For comprehensive information on the rules and regulations concerning M-2 visa status, it’s advisable to review the information provided by the U.S. Citizenship and Immigration Services (USCIS) website, or consult with an immigration attorney for personalized advice. If you wish to remain in the United States after a divorce, you may need to change your status to another nonimmigrant visa or explore other immigration options that could suit your situation. Always ensure to follow the appropriate legal steps and consult the official USCIS Change of Status page for guidance on this process: https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status.
“Can I travel inside the US while my visa status change from M2 to D is being processed
Yes, you can generally travel within the United States while your visa status change application, such as from M-2 to D, is being processed. However, there are certain considerations to keep in mind:
- Maintain Legal Status: Ensure you maintain your legal status while your application is pending. This means adhering to the conditions of your M-2 visa until the change of status (COS) is approved.
- Keep Documentation Handy: Always carry evidence of your legal status and proof of your COS application, such as a copy of your current visa, I-94 record, and the receipt notice (Form I-797) from U.S. Citizenship and Immigration Services (USCIS) for your pending COS application.
- Be Aware of Travel Limits: If you decide to leave the U.S. before your change of status is approved, the COS application will be considered abandoned. This means you might need to apply for a new visa at a U.S. Embassy or Consulate abroad to return in the new visa category.
It’s very important to note the following statement found on the USCIS page regarding change of status:
“Travel outside of the United States may have severe consequences if you are in the process of adjusting status (applying for permanent residence/green card). In general, if you are an applicant for adjustment of status, you must be approved for Advance Parole prior to traveling abroad if you wish to re-enter the United States legally.”
While this statement primarily applies to individuals seeking adjustment of status to permanent residency, it’s indicative of the care one should take when considering travel during any pending immigration applications.
To ensure you are up to date with the latest regulations and information, it is advisable to review the USCIS Change of Status information, which you can find on their official website.
Remember that if any of your personal circumstances change, or if travel outside of the U.S. becomes necessary, you should consult with an immigration attorney or reach out to USCIS for guidance specific to your situation.
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Glossary of Immigration Terms
M2 Visa: A nonimmigrant visa category in the United States that is designated for the dependents of M1 visa holders. M2 visa holders are allowed to accompany and reside with the M1 vocational student in the United States.
D Visa: A nonimmigrant visa category in the United States for crewmembers who will work aboard sea vessels or international airlines.
Change of Status (CoS): The administrative process of changing one’s immigration status from one nonimmigrant category to another while remaining in the United States. In this context, it refers to changing from an M2 dependent visa to a D crewmember visa.
Form I-539: The Form I-539, Application to Extend/Change Nonimmigrant Status, is a form used by nonimmigrants in the United States to request a change of status from one nonimmigrant category to another or to extend their stay.
Extension of Stay: A request filed by a nonimmigrant in the United States to extend their authorized period of stay beyond the expiration date on their Form I-94.
Biometrics: The collection of unique physical characteristics, such as fingerprints and photographs, for identification purposes. Nonimmigrants seeking a change of status may be required to provide biometrics at a designated Application Support Center.
Processing Times: The length of time it takes for U.S. Citizenship and Immigration Services (USCIS) to process an application or petition. Processing times can vary and are influenced by factors such as form complexity and USCIS caseload.
I-94, Arrival/Departure Record: An official document issued by U.S. Customs and Border Protection (CBP) to nonimmigrants upon their arrival in the United States. The I-94 records the individual’s arrival and departure dates and the authorized period of stay.
Legal Status: The immigration classification granting an individual permission to reside and engage in specific activities in the United States. Maintaining legal status is crucial to avoid falling out of compliance with immigration laws.
Case-by-Case Basis: An approach that analyzes each individual’s circumstances and merits individually, rather than applying a standardized rule or decision to all cases. USCIS evaluates change of status applications on a case-by-case basis.
Processing Fee: The fee associated with filing an immigration application, such as the Form I-539. This fee covers the cost of processing the application but does not guarantee approval.
Crew-Related Activities: Activities directly related to the job duties of crewmembers, such as working aboard sea vessels or international airlines. D visa holders are restricted to engaging in crew-related activities.
Immigration Attorney: A legal professional specializing in immigration law who provides guidance and assistance with navigating the complex immigration process, including change of status applications. An immigration attorney can provide advice on eligibility, documentation, and legal requirements.
Conclusion
This glossary provides definitions for specialized terminology related to immigration, specifically in the context of changing visa status from an M2 to a D visa in the United States. Understanding these terms will help individuals navigate the immigration process and make informed decisions about their visa status changes. For accurate and up-to-date information, it is always advisable to consult official sources such as the U.S. Citizenship and Immigration Services (USCIS) website or seek guidance from an experienced immigration attorney.
So there you have it! Changing your visa status from M2 to D is a step-by-step process that can be done smoothly from within the United States. It offers great benefits like employment opportunities and uninterrupted stay. Just remember to consider factors like processing times and limited activities. For more detailed guidance and expert advice, visit visaverge.com. They’ve got all the information you need to navigate the world of visas like a pro!
