Navigate Your A-2 Visa Change of Status: A Step-by-Step Guide

Introduction

This Guide for Foreign Government Officials and their families applies to individuals and families of foreign government officials of other countries seeking to change their status to A-2 within the United States. While this Guide aims to thoroughly cover the eligibility criteria for changing to A-2 status and the step by step process required to change status, having the right help in the process of changing status to A-2 as well as afterwards to protect their rights is very important.

Understand the A-2 Visa Basics

When changing status to an A-2 visa holder it can be helpful to learn more about A-2 status. The points below outline the A-2 details that apply to you as a foreign government official and your family:

• Duration: The validity of the A-2 permit is determined by the U.S. Secretary of State’s recognition of the holder’s official government position. The A-2 permit holder and his/her family can remain in the U.S. for as long as he/she is performing official duties.
• Duration of permit validity: The U.S. Secretary of State recognizes official government positions of foreign governments. The validity of an A-2 permit is therefore determined by the recognition of the official government position held by the permit holder. The A-2 permit holder and his/her family members can remain in the U.S. for as long as he/she is in the country to perform official duties in connection with the foreign government he/she is representing.
• No Work Outside Of Official Duty: A-2 permit holders are not permitted to work outside of the scope of their official duties associated with the foreign government that they represent.
• Family Members: The derivative A-2 permits for family members of an A-2 holder allow them to travel to the U.S. with the A-2 holder and permit the family members to be present in the U.S. with the A-2 holder for as long as the A-2 holder is present in the U.S. for official purposes.

In many cases, foreign government officials and their family members need to obtain an A-2 visa to enter the U.S. to perform official duties of the official’s foreign government. A Secretary of State recognizes official government positions of governments worldwide. Thus, an A-2 permit holder and his/her family members can remain in the U.S. for as long and as it is necessary and beneficial for him/her to complete his/her official duties in the U.S. A-2 status holders are not permitted to engage in any other activities to earn money for another entity or party other than the official government position that the A-2 permit holder holds. All other aspects of an A-2 permit holder and his/her family’s life in the U.S. are unrestricted. As A-2 status holders have official roles as representatives of foreign governments, they are generally allowed to remain in the U.S. for as long as it is necessary and beneficial for them to complete their official duties. As the A-2 holder is traveling to the U.S. for official reasons, the immediate family members of the A-2 holder are eligible for derivative A-2 status to travel with the A-2 holder to the U.S. A high number of 96,700 A-2 permits were granted in 2024 with an approval rate of 95.8%. To assist you in this process of the A-2 visa change of status, it is good to know the basic eligibility criteria for A-2 status change of status as well as the terms and conditions of the A-2 status that will apply to you and your family.

Identify Eligibility Requirements for Change of Status

For individuals currently holding an A-2 visa, the process of changing status to another non-immigrant status is a very complex matter and thus it is essential to have an adequate understanding of the required criteria for changing status.

• Lawful Admission: You must have been lawfully admitted into the United States as an A-2 visitor.
• Current Condition: You and any person(s) included in your application for change of status must be in valid A-2 status at the time your application for change of status on an A-2 visa is submitted to USCIS. If your status as an A-2 holder has expired prior to the time your application for change of status on an A-2 visa is submitted to USCIS, your application for change of status on an A-2 visa will be denied and you will be subject to certain penalties.
• Intent to Change: As a holder of A-2 status you intend to leave the U.S. when your status expires or apply for change status to another NON-immigrant status to work on an employment authorized visa or study with a student authorized visa. To file this application with USCIS, you will need to complete and file form I-539, Application to Change or Extend Nonimmigrant Status, and in that application demonstrate your intent to do one or the other.
• Supporting Documentation for Eligibility to File Change of Status on A-2 Visa: List of detailed documentation to be submitted for establishing eligibility to file change of status on A-2 visa, such as proof of current employment, copy of valid passport, and supporting documents for Form I-539 application for change of status on A-2 visa, such as Form I-566 for determination of nonimmigrant status eligibility.

Switching from A-2 visa change of status to another non-immigrant status is usually a smooth process for those who complete and submit all details of their application. As with any application however, it is extremely important to include as much detail as possible as well as sufficient proof of intent of leaving the US as well as evidence of current status.

Follow the Step-by-Step Application Process

Change A-2 Status Online Today! To help make your A-2 visa change of status as smooth and efficient as possible and to avoid mistakes along the way, we have created the following step-by-step guide for a change of circumstances in A-2 status:

1. Gather Required Documents for Change of Status on A-2 Visa: The process for making a change of circumstances in A-2 status begins with gathering the required documents needed to apply for the change of circumstances for A-2 visa holder’s status. For a change of circumstances on an A-2 visa, the documents to apply for change of circumstances needed to apply for a change of circumstances include:

   • A copy of your current A-2 visa and I-94 form.
   • Form I-566, Interagency Record of Request - Change to/from A, G, or NATO Status.
   • Supporting documents for change of circumstances to qualify for new status designation.

2. Complete Form I-566 carefully: The form for change to/from A, G, or NATO status must be filled out with all required information.

3. Submit Your Application: After completing Form I-566, you must then submit the form, along with supporting documentation, to the appropriate agency. Typically, this will be the Department of State where you originally received your A-2 visa or to the USCIS address where you are applying for Change of Status on your A-2 visa.

4. Await Processing: Although this period can be anxious for A-2 visa holders waiting for change of circumstances, we have previously explained the time that first-time A-2 visa applicants for visitor status are waiting for their application to be processed. The current median wait time for first-time A-2 applicants for visitor status is less than 60 days. There is always a possibility of delay for every application.

5. Respond to a Request for Evidence (RFE): As the immigration service processes your first-time visitor application for change of circumstances for A-2 status, it may request additional evidence to approve your application. If you are notified that your application requires a Request for Evidence (RFE), respond to the RFE in its entirety as soon as possible in order to ensure that your application does not get abandoned by the immigration service. Because of the current increased scrutiny that has been placed on certain immigrant and non-immigrant applications to ensure that applications are evaluated fairly and thoroughly as part of the current immigration policy environment, additional evidence may be requested from certain first-time visitor applicants in order to qualify for Change of Status for A-2 visa holders.

6. Receive Decision: Several weeks after submitting the change of circumstances application for A-2 visa holder change of status, you will receive a decision from USCIS regarding your change of circumstances application. If your A-2 visa change of status application is approved, you should be familiar with the terms of your new circumstances.

A-2 visa change of status allows A-2 visa holders to alter their circumstances and take advantage of the many opportunities available to individuals residing in the US. Modifying status while holding an A-2 visa can open up new opportunities for A-2 visa holders to reside and work in the US. By successfully changing the circumstances of the A-2 visa holder, they will be able to continue to live and work in the country. It is also a good idea to remain up to date with any recent changes to policies and procedures affecting A-2 visa holders going through an A-2 visa change of status.

Anticipate Challenges and Common Pitfalls

We also outline some common errors that apply during the change of status process. Understanding them will help you avoid them and smooth your passage through immigration procedures.

• Incomplete Applications: One of the biggest mistakes made by the applicants of immigrant and family of U.S. citizens and lawful permanent residents going through a change of status process is filing an incomplete application for change of status. Incomplete applications for change of status are denied for many reasons. Some of the reasons for denied immigration applications are simple errors made on the completed immigration application forms. The applications for change of status require many supporting documents in addition to the completed immigration application forms. Many applications for change of status are denied because of missing required supporting documents for change of status.
• Missing Supporting Documents for Change of Status: Many applicants forget important supporting documents for change of status, such as additional immigration documents, paystubs, bank statements, etc. It is very important to read carefully through the check list of required documents for change of status before filing the application.
• Misunderstanding Eligibility Requirements: There are many requirements that applicants of adjustment of status must meet in order to qualify for approval of their application. One of the biggest mistakes that applicants of change of status make is misunderstanding some of the requirements to qualify for approval of their applications. This can lead to a lot of time and money being wasted for the applicant and their loved ones. It is very important that applicants understand all of the eligibility requirements before starting the process for applying for adjustment of status.
• Ignoring Deadlines: The time given to submit documents in a change of status application are firm and any failure to meet a deadline will result in the denial of the application. As a matter of fact, the number of visa holders who have overstayed their authorized period of stay in the United States has been on the rise. In 2022 alone, there were over 680,000 such instances. Therefore, it is very important to stay on track with the change of status application and meet all the relevant deadlines to avoid any denials in the future.
• Failure to Respond to RFEs: Every now and again, USCIS applications encounter a Road Bump or an Unexpected Twist in the process - these are USCIS applications that prompt USCIS to issue a Request for Evidence (RFE) and require applicants to respond to the RFE in order to process their applications. It is crucial to comply with the stated time frame for responding and to provide ALL requested information in the RFE. In fact, there are many instances in which one or more RFEs have affected the approval of an applicant’s application significantly.

At Vasquez Law Firm, we are available 24 hours a day, 7 days a week to respond to any emergency legal matters that may require our assistance such as an ICE enforcement action, or a deportation proceeding. We urge everyone to know their two rights in any such situation: the right to remain silent and the right to a lawyer. Call us today and we will do everything in our power to defend you and your future.

Conclusion

Don’t face your status change alone. The Vasquez Law Firm lists the steps for A-2 visa holders to change status, including:

1. Gathering necessary documents
2. Choosing the right application
3. Remembering deadlines

Don’t let your incomplete applications get held up in processing and get returned with Requests for Evidence that cause you and your family great worry. Managing your change of status effectively is key to finding the best opportunity for you and your family in the US.

As current A-2 visa holders and their families change status in order to continue to contribute to their jobs in the US and help their families grow and thrive in this country. Vasquez Law Firm helps families exactly like you through bilingual services and flexible payment plans, and our lawyers and staff are available 24/7, including right now. We offer free virtual consultations with a qualified attorney for you and for your husband or wife right now, to get started on changing your status today!

Frequently Asked Questions

What is the A-2 visa?

The A-2 visa is a non-immigrant visa for foreign government officials and their family members, allowing them to enter the U.S. to perform official duties on behalf of their government.

How long can A-2 visa holders stay in the U.S.?

A-2 visa holders can remain in the U.S. for as long as they are performing official duties recognized by the U.S. Secretary of State.

What determines the validity of the A-2 permit?

The validity of the A-2 permit is determined by the U.S. Secretary of State’s recognition of the holder’s official government position.

Are A-2 visa holders allowed to work outside of their official duties?

No, A-2 visa holders are not permitted to work outside the scope of their official duties associated with the foreign government they represent.

Can family members of A-2 visa holders accompany them to the U.S.?

Yes, family members can obtain derivative A-2 permits to travel to the U.S. with the A-2 holder and can remain in the U.S. for as long as the A-2 holder is present for official purposes.

How many A-2 permits were granted in 2024, and what was the approval rate?

In 2024, 96,700 A-2 permits were granted with an approval rate of 95.8%.

What are the basic eligibility criteria for A-2 status?

The basic eligibility criteria for A-2 status include being a foreign government official or a family member of such an official, and the need to perform official duties in the U.S. as recognized by the U.S. Secretary of State.

List of Sources

1. Understand the A-2 Visa Basics
   • What is a A-2 visa? | USAFacts (https://usafacts.org/explainers/what-is-a-visa/visa-category/a-2)
   • A-2 Foreign Govt. Officials - Global Allianz Law Firm LLP (https://globalallianz.org/us-visas/a-2-foreign-govt-officials)
   • Visas for Diplomats and Foreign Government Officials (https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-diplomats.html)
2. Identify Eligibility Requirements for Change of Status
   • Top 5 Things to Know about the New USCIS Adjustment of Status Policy (https://quarles.com/newsroom/publications/top-5-things-to-know-about-the-new-uscis-adjustment-of-status-policy)
   • Eligibility Is No Longer Enough: USCIS Issues Sweeping New Adjustment of Status Policy (https://hollandhart.com/eligibility-is-no-longer-enough-uscis-issues-sweeping-new-adjustment-of-status-policy)
   • Changes to USCIS Adjustment of Status Policy Announced – What Comes Next? (https://bakerdonelson.com/changes-to-uscis-adjustment-of-status-policy-announced-what-comes-next)
   • New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
   • USCIS Announces a Stricter Approach to Adjustment of Status (https://ariasvilla.com/uscis-announces-a-stricter-approach-to-adjustment-of-status)
3. Follow the Step-by-Step Application Process
   • Top 5 Things to Know about the New USCIS Adjustment of Status Policy (https://quarles.com/newsroom/publications/top-5-things-to-know-about-the-new-uscis-adjustment-of-status-policy)
   • US Visa and Immigration Blogs (https://visaconnect.com/us-visas/immigration-news)
   • USCIS Issues Policy Memo Requiring Adjustment of Status Requests to be Completed Outside of the US - Erickson Immigration Group (https://eiglaw.com/aos-policy-memo-uscis)
   • USCIS Issues New Policy Guidance on Adjustment of Status Applications (https://oiss.yale.edu/news/uscis-issues-new-policy-guidance-on-adjustment-of-status-applications)
   • Policy Changes Mean Longer Waits for Visas | JD Supra (https://jdsupra.com/legalnews/policy-changes-mean-longer-waits-for-8875616)
4. Anticipate Challenges and Common Pitfalls
   • USCIS Issues New Policy Guidance on Adjustment of Status Applications (https://oiss.yale.edu/news/uscis-issues-new-policy-guidance-on-adjustment-of-status-applications)
   • Visa Statistics (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html)
   • New USCIS Policy Increases Scrutiny on Adjustment of Status Applications for Green Card Applicants | JD Supra (https://jdsupra.com/legalnews/new-uscis-policy-increases-scrutiny-on-7531157)
   • Challenges Immigrants Face During the U.S. Visa Process and How to Overcome Them (https://globalallianz.org/top-5-challenges-immigrants-face-during-the-u-s-visa-process-and-how-to-overcome-them)
   • New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)