When changing status to an immigration status (green card) within the US, there are now more checks under the Public Charge rule. Officers now require detailed information about the applicant’s financial position and reasons for the status change, especially if the person arrived on a tourist or student visa.

Two Forms of Status Change and the Difference Between Them

When changing status in the US, there are two main forms used. Form I-539 is suitable for changing from one nonimmigrant status to another—for example, from a tourist visa to an O-1 visa (visa for individuals with extraordinary ability). Form I-485 is used when changing to an immigration status within the US, typically when transitioning to a green card category, such as EB-1 or EB-2.

Changing nonimmigrant status is a simpler process: applicants filing I-539 often avoid being called in for an interview. However, if you are transitioning to immigration status through I-485, the procedure becomes more complex and requires a personal interview.

Public Charge When Changing Status to a Green Card

The Public Charge rule applies when changing to immigration status, even if the person is already on US territory. At the interview, officers ask questions about the applicant’s financial situation: savings amount, presence of assets, real estate, direct access to property, and the speed at which it can be liquidated.

This analysis begins because obtaining a green card provides full access to social programs available to American citizens. Before obtaining the card, a foreigner on a tourist visa or other temporary visa cannot fully access these benefits, so officers assess the risk that the new resident will become dependent on government assistance.

Additional Questions About Previous Status

If a person arrived in the US on a tourist visa or student visa, officers ask significantly more questions. Tourist and student visas imply that the person will leave the US after their stay expires or after completing their studies.

When changing status from such a visa, the applicant needs to prepare a written explanation of why they arrived on a tourist or student visa and why they are now changing status contrary to their original intent. This is particularly relevant for those who came to study English on a student visa: officers will want to know what happened in the applicant’s life and why their plan has changed so dramatically.

How to Build a Case for Status Change

If the status you are transitioning to is not in the categories prioritized for economic benefit to the country (such as EB-1 and EB-2), it is recommended to prepare a separate justification. In it, you need to show that the applicant’s integration into the US is practically complete: they speak the language, have a Social Security number, pay taxes, and have economic ties to the country.

For an E-2 visa (treaty investor visa) or O-1 visa (visa for individuals with extraordinary ability), it is useful to emphasize that the category is economically beneficial to the US: E-2 attracts investment, O-1 implies work under an offer and economic contribution. The more evidence that the applicant will not depend on social programs and will benefit the economy, the better.

Why EB-1 and EB-2 Categories Are in a Distinct Position

A new memorandum on tightening status changes, published in May, initially extended the new requirements to all categories. However, it was later clarified that EB-1 (individuals with extraordinary ability) and EB-2 (individuals seeking immigration in the national interest) categories remain outside these restrictions, as they represent economic value to the United States.

This means that applicants migrating under EB-1 or EB-2 will not face the same strict Public Charge checks as other categories. If your category is different, it is important to build a separate case demonstrating economic benefit and integration into the US.