Welcome to our comprehensive guide on the Visa Waiver Program (VWP) and the possibility of [changing your status](/immigration-resources/change-status-f1-green-card-marriage-guide) while on this program. This article is designed to educate individuals like you who are currently in the United States under the VWP or those considering entering the U.S. under this program. It may also be useful for immigration attorneys or others who work with individuals on the VWP.

The Visa Waiver Program is a U.S. government initiative that allows citizens of participating countries to travel to the United States for tourism, business, or transit purposes for up to 90 days without obtaining a visa. However, there are certain restrictions under this program, including limitations on extending your stay or changing your status. But don't worry, there are exceptions, and that's what we're going to delve into in this article. We will guide you through the process, requirements, and steps you need to follow if you wish to change your status while on the VWP. So, let's get started!

Detailed Overview of the Visa Waiver Program

The Visa Waiver Program (VWP) is a beneficial initiative for citizens of participating countries who wish to visit the United States for tourism, business, or transit purposes. This program allows you to stay in the U.S. for up to 90 days without needing to obtain a visa. 

The VWP includes a wide range of countries across the globe. The list of participating countries is regularly updated by the U.S. government, so it's always a good idea to check the official website to see if your country is included.

While the VWP offers a convenient way to visit the U.S., it's important to understand that it comes with certain restrictions. Generally, if you enter the U.S. under the VWP, you cannot extend your stay beyond the 90-day limit. This means that once you enter the U.S., you are expected to leave within 90 days.

Another key restriction of the VWP is that you cannot change your status while in the U.S. This means that if you enter the U.S. as a tourist or for business under the VWP, you cannot typically switch to a different visa category, such as a student or [work visa](https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html^), without first leaving the U.S. and applying for the new visa from your home country.

However, as with many rules, there are exceptions. In the following sections, we will explore the circumstances under which you might be able to change your status while on the VWP. So, keep reading to learn more about your options.

Exceptions to the Restrictions of the VWP

While the Visa Waiver Program does have its restrictions, there are certain exceptions that may allow you to change your status while in the U.S. Let's explore these exceptions in more detail.

Firstly, extraordinary circumstances might allow for a change of status. These are rare situations that are unforeseen and beyond your control. For example, if a sudden [medical emergency](https://www.uscis.gov/newsroom/immigration-relief-in-emergencies-or-unforeseen-circumstances^) prevents you from leaving the U.S. within the 90-day period, you might be eligible to apply for a change of status. However, keep in mind that this is evaluated on a case-by-case basis, and approval is not guaranteed.

Secondly, if you marry a U.S. citizen or a lawful permanent resident while on the VWP, you may be able to apply for a change of status. This is a significant life event that could potentially allow you to stay in the U.S. longer than the 90-day limit. However, it's important to note that you must not have entered the U.S. with the preconceived intention to marry and stay. Doing so could be considered visa fraud, which carries serious consequences.

Lastly, employer sponsorship is another exception that could lead to a change of status. If a U.S. employer wishes to hire you while you're in the U.S. under the VWP, they may be able to sponsor you for a work visa. However, this process can be complex and time-consuming, and it's not guaranteed to be successful.

Remember, these are exceptions, not the norm. If you believe one of these situations applies to you, it's strongly recommended that you consult with an immigration attorney to understand your options and the potential risks.

Process for Applying for a Change of Status

If you find yourself in one of the exceptional situations we discussed in the previous section, you might be wondering how to go about applying for a change of status. Here, we will guide you through the steps involved in this process.

The first step in applying for a change of status is to gather all the necessary documents. This typically includes proof of your current status (such as your I-94 record), evidence supporting your reason for the change (like medical records or a marriage certificate), and any other documents required by the specific visa category you're applying for.

**Step 2: Submitting an Application to USCIS**

Once you have all your documents in order, you will need to submit an application to the [United States Citizenship and Immigration Services (USCIS)](/immigration-resources/uscis-processing-times-guide). This usually involves filling out [Form I-539, Application to Extend/Change Nonimmigrant Status](/immigration-resources/form-i539-extending-changing-nonimmigrant-status). Make sure to follow the instructions carefully and provide all the requested information to avoid delays or denials.

There are fees associated with applying for a change of status. The exact amount can vary depending on the type of visa you're applying for, so be sure to check the USCIS website for the most current information.

**Step 4: Attending a Biometrics Appointment**

In some cases, you may be required to attend a [biometrics appointment](/immigration-resources/spouse-visa-marriage-green-card-guide). This is where USCIS collects your fingerprints, photo, and/or signature to verify your identity and conduct security checks.

**Step 5: Awaiting a Decision from USCIS**

After you've submitted your application and completed all necessary steps, you will need to wait for a decision from USCIS. This can take several weeks or even months, so be prepared for a bit of a wait.

Remember, each case is unique, and the process may vary slightly depending on your specific circumstances. It's always a good idea to consult with an immigration attorney to ensure you're following the correct procedure for your situation.

What Happens After Applying for a Change of Status

After you've submitted your application for a change of status, you might be wondering what comes next. Here's what you can expect.

Congratulations! If your application is approved, USCIS will send you a notice of approval and instructions on how to proceed. This typically includes information on maintaining your new status and any additional steps you may need to take. It's important to read this information carefully and follow all instructions to ensure you maintain your new status correctly.

If your application is denied, USCIS will send you a notice explaining the reasons for the denial. In most cases, you will need to leave the U.S. before your authorized stay under the VWP expires. Failing to do so can result in serious consequences, including being barred from returning to the U.S. in the future.

It's important to note that a denial does not necessarily mean you can never change your status or return to the U.S. You may be able to apply for a different visa from your home country or reapply for a change of status in the future, depending on the reasons for the denial.

Whether your application is approved or denied, it's always a good idea to consult with an immigration attorney to understand your options and next steps. Remember, every situation is unique, and an attorney can provide guidance tailored to your specific circumstances.

Generally, no. The VWP allows for a stay of up to 90 days, and extensions are typically not granted. However, there are exceptions in extraordinary circumstances, such as a medical emergency.

Usually, you cannot change your status while on the VWP. However, there are exceptions, such as [marrying a U.S. citizen or lawful permanent resident](/immigration-resources/marriage-based-immigration-guide), or obtaining employer sponsorship.

If your application is denied, you will typically need to leave the U.S. before your authorized stay under the VWP expires. Failing to do so can result in serious consequences, including being barred from returning to the U.S. in the future.

Processing times can vary widely depending on the type of application, the volume of applications USCIS is handling, and other factors. It can take several weeks or even months to receive a decision.

The VWP allows for business-related activities, such as attending meetings or conferences, but it does not allow for employment in the U.S. If you wish to work in the U.S., you will need to obtain a work visa.

Frequently Asked Questions about the VWP and Changing Status

Can I extend my stay beyond 90 days under the VWP?

What happens if my application for a change of status is denied?

How long does it take to process an application for a change of status?

We hope this article has provided you with a clear understanding of the Visa Waiver Program and the process of changing your status while on this program. While the VWP offers a convenient way to visit the U.S., it's important to be aware of its restrictions and the exceptions to these restrictions.

If you're considering a change of status, remember to gather all required documents, submit your application correctly, pay the necessary fees, and patiently await a decision from USCIS. Whether your application is approved or denied, always consider consulting with an immigration attorney to understand your options and next steps.

Navigating the U.S. immigration system can be complex, but with the right information and guidance, you can make informed decisions about your stay in the U.S. Remember, every situation is unique, so always seek advice tailored to your specific circumstances.

Thank you for reading, and we wish you the best of luck with your journey in the United States!

This guide explains the U.S. Visa Waiver Program (VWP), which allows citizens of specific countries to visit the U.S. for up to 90 days without a visa. It also covers how to apply for a status change, the required documents, and the process. Note that while there are restrictions, exceptions may apply under extraordinary circumstances. Consult an immigration attorney for personalized advice.

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