How to Change the Status After CAT Is Granted
You can change your immigration status under the United States' Immigration and Nationality Act from a non-immigrant to an immigrant status, or from one non-immigrant status to another. This includes a non-immigrant person under the Convention Against Torture (CAT) status who wants to adjust to another status. All you need is to fulfill the requirements of the status you're applying for. You have to complete the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS).
Other People Are Reading
Instructions
-
-
1
Determine the status you want to apply for. Seek legal representation to ensure you're doing the right thing. There are many organizations that offer pro bono legal representation to people who have been persecuted or fear of being tortured if they return to their countries. You're eligible to become a permanent resident through various ways in the United States including marriage, employment and refugee status.
-
2
Apply for asylum if you think it is the most appropriate status for someone under your circumstances. This has to be within one year of arriving in the United States. If you failed to file within a year, you must demonstrate there have been changes in your country that makes it dangerous for you to return. Many people who apply for CAT status, however, also file for an asylum status at the same time.
-
-
3
Ask your employer to file a Form I-140 for Alien Worker Status if you want to change your status on the basis of your employment. This status allows you to become a permanent resident once your petition is approved by the U.S. Citizenship and Immigration Service.
-
4
File Form I-526, Immigrant Petition by Alien Entrepreneur, if you're an entrepreneur with a significant amount of capital you want to invest in the U.S. This enables you to change from a CAT to immigrant status and continue running your business in the U.S. instead of returning to a country where you're likely to be tortured.
-
5
Change to F-I status if you have decided to enroll full-time for school in the U.S. You have to file Form I-539 to change or extend your non-immigrant status. Once approved, you're given a visa for the duration of your studies and an additional one year to use for work experience after your graduation. You can change to an immigrant status when your visa expires if you still want to remain in the U.S. after school, depending on your circumstances.
-
1
References
Resources
- Photo Credit Polka Dot RF/Polka Dot/Getty Images
