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Can I change status if I am in the U.S. on a G-1 status?

If you are in the U.S. on a G-1 status and you will be leaving from your G-1 assignment and terminating the employment, you can stay in the U.S. if you change your status to a different status by filing a change of status petition with USCIS. This process has several nuances for G-1 visa holders and this blog post will discuss some of them.

What is a G-1 visa?

G-1 visa is a non-immigrant visa for members of a permanent mission from a recognized government to an international organization (e.g. a Permanent Mission of your country to the UN).

If you have a G-1 visa, you would generally be admitted for a Duration of Status (D/S) and you could stay in the U.S. for as long as you are recognized by the Secretary of State as being entitled to this status.

Certain members of your immediate family can apply for the G-1 visa as well (such as your spouse who resides in the same household, unmarried children who reside in the same household and are under the age of 21, or unmarried children who reside in the same household and are under the age of 23 and who are in full time attendance at a post-secondary institution).

My G-1 assignment will be ending, and I want to stay in the U.S. and change status. Is this possible?

Example

You are employed at the Permanent mission of your country to the UN and you, your spouse and two children under the age of 21 are currently in the U.S. on a G-1 status. You would like to leave the assignment and change your status to E-2 Investor Status in the U.S. and you would want your spouse and children get the E-2 dependent status. You prefer to file a change of status petition with USCIS instead of applying at your Consulate. Can you and your family change status in the U.S. from G-1 to E-2 and what does it entail?

Yes. You can change status in the U.S. but there are some nuances for G-1 visa holders.

You will need to file two originally signed I-566 Forms

In the example above, if you are employed at a Permanent Mission to the UN, you would have to submit two I-566 forms (with your original signatures) to the U.S. Mission to the UN within 30 days after the termination date of your assignment. This is extremely important deadline to keep in mind, as if you miss the deadline, the US Mission will not endorse the forms as the filing would be untimely. Your employer will also have to complete the Notification of Termination in the E-Gov system and notify the appropriate office that you are leaving your assignment in the U.S.

Along with the I-566 form, you would have to submit the I-129 and I-539 petitions that are being filed with USCIS to change your and your family’s status to E-2 status and perhaps the Cover letter describing how you meet the E2 visa requirements. You should also submit documents such as a photo of your passport, the G1 visa, I94 form, copy of marriage certificate for your spouse, and copies for birth certificates for your children.

You will have to mail all these documents to the U.S. Mission to the UN, and they will have to verify that your registration has been terminated with the Office of Foreign Missions and that you meet the minimum requirements to change to another visa status. If the forms were filed timely, they verify the termination and they confirm that you meet the minimum requirements, the Mission will endorse the I-566 forms and mail the endorsed I-566 forms back to you.

File the Change of Status petitions with the USCIS

You will need to file the Change of status petitions with USCIS before your current status expires. You will need to submit the endorsed I-566 forms with the change of status filing. It’s important that you file the change of status petitions before your status expires – you can generally submit the change of status forms without the endorsed I-566 forms (if you don’t have them yet at the time of filing), and USCIS would then issue a Request for Evidence and ask for the forms.  You should explain in the petition that you filed the I-566 forms with the appropriate office and are waiting for the endorsement. Even in this case, it is extremely important to submit the I-566 forms in time as if you miss the 30 day deadline as described above, the the forms would not be endorsed and your change of status cannot be approved without the endorsed I566 forms. USCIS will deny the change of status petitions if you are unable to provide the endorsed I-566 forms.

I am in the U.S. on a G-1 status and want to stay in a G-1 status. Can my immediate relatives apply for a different status?

The answer is generally no. Dependents of G-1 visa holder must be in a G-1 status and cannot change to a different status if they qualify for a G-1 status. This would only be possible if the immediate family member lost his/her entitlement to the G-1 status such as if you and your spouse divorced, your child got married or aged out, or if adult children established a separate household.

I am in a G-1 status and will be leaving the U.S. assignment and moving to another country. My dependents want to stay in the U.S. and change status. Is this possible?

Yes, this is possible. If you are currently in the U.S. on a G-1 status but you will be ending your assignment and moving to another country, your dependents can stay in the U.S. and change to a different status. The procedure would be similar as described above, your dependents would still need to file two I-566 forms and supporting documents with the appropriate office and your employer would to complete the Notice of Termination in the E-gov system. They would also have to file their change of status petitions with USCIS. There are several deadlines to keep in mind when filing the I566 forms/change of status forms and we recommend that you consult your case with an experienced immigration attorney.

Due to the nuances when changing status from G-1 to another status, we recommend that you consult your case with an experienced immigration attorney.

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