convert green card to tourist visa

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Switching from Approved Green Card to Tourist Visa: How to Convert Your Application

Converting an approved green card application to a tourist visa requires specific steps and documentation. find out how to switch from a green card to a tourist visa here..

Key Takeaways:

• Green Cards allow permanent residency, while Tourist Visas are for temporary visits.
• It may be possible to convert a Green Card to a Tourist Visa under certain conditions.
• The conversion process involves reassessing intentions, submitting abandonment form , and applying for the Tourist Visa.

Have you finally received approval for your Green Card but your circumstances have changed, leading you to reconsider your options? Perhaps you’ve been pondering this question: “Can I switch from an approved Green Card to a Tourist Visa?” You are not alone in wondering if such a transition is possible. Let’s delve into the process of Converting a Green Card Application to a Tourist Visa, exploring the steps involved, and considerations you should be aware of.

Understanding the Distinction Between Green Cards and Tourist Visas

Before we dive into conversion specifics, it is essential to understand the fundamental differences between a Green Card and a Tourist Visa:

• Green Card (Permanent Resident Card): Allows individuals to permanently live and work in the United States.
• Tourist Visa (B-2 Visa): Grants permission to enter the U.S. temporarily, primarily for tourism or visitation purposes.

It is important to clarify that while both permit entry into the United States, their purposes and privileges are starkly different.

Eligibility for Converting Green Card Application to Tourist Visa

Converting an approved Green Card to a Tourist Visa is not a straightforward switch, but under certain conditions, it may be feasible. The eligibility to make this change usually hinges on your ability to prove that your permanent residency intentions have shifted to a temporary visit scenario.

Steps to Convert from Approved Green Card to Tourist Visa

Step 1: reassess your immigration intent.

Before initiating any formal process, consider your long-term plans. Ensure that abandoning your Green Card application aligns with your future goals, as this decision can substantially impact your ability to obtain permanent residency later.

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Entering the u.s.: how early before a program start date, reporting illegal h-1b visa fee charges by consultancies, step 2: contact uscis or consult an immigration attorney.

Reach out to the United States Citizenship and Immigration Services (USCIS) or seek the advice of a qualified immigration attorney. They can provide guidance tailored to your specific situation and help you understand the ramifications of your decision.

Step 3: Submit Form I-407, Record of Abandonment of Lawful Permanent Resident Status

If you’ve decided to proceed, you will need to submit Form I-407. This form indicates that you are willingly giving up your permanent resident status. Be sure to complete this step before your Green Card approval leads to the issuance of the actual card.

Step 4: Apply for a Tourist Visa

Post-abandonment of your Green Card application, you can apply for a Tourist Visa using Form DS-160, Online Nonimmigrant Visa Application. It’s vital to provide substantial documentation to prove the temporary nature of your visit to avoid suspicions of immigrant intent which could lead to visa denial.

Challenges and Considerations

Challenge of proving non-immigrant intent.

The most formidable challenge you may face is proving that your intentions to settle in the U.S. have genuinely changed. Green Card approval often signifies an individual’s desire for permanent residency, so convincing the consular officers of your altered intentions may prove difficult.

Potential Visa Denial

Be prepared for the possibility that your Tourist Visa application may be denied. This is especially likely if the consular officer believes that you have not abandoned your permanent residency aspirations.

Impact on Future Green Card Applications

Should you wish to reapply for a Green Card in the future, this previous conversion might complicate matters. The USCIS might question why you decided to abandon your initial application and scrutinize your new one more closely.

Legal and Procedural Assistance

Given the complexities involved in such a conversion, obtaining legal assistance can be invaluable. An immigration attorney will not only guide you through the process but also assist in compiling a compelling case for your Tourist Visa application.

Planning Your Transition from Green Card to Tourist Visa

A successful conversion from a Green Card to a Tourist Visa demands careful planning. Here’s a structured approach to help organize your efforts:

• Consult with USCIS or an Immigration Expert: Collect accurate information regarding the conversion process.
• Analyze Your Current Situation: Determine if your circumstances genuinely warrant a visa type change.
• Gather Pertinent Documentation: Assemble evidence supporting the reasons for the change in your immigration status.
• Understand the Legal Implications: Ensure you’re fully aware of how this decision may affect your future U.S. immigration opportunities.

Seek Authoritative Guidance

For accuracy and up-to-date procedures, always consult official resources and websites. USCIS Official Website and the U.S. Department of State’s Bureau of Consular Affairs are pivotal resources to rely on during your conversion process.

In Conclusion

The decision to switch from an approved Green Card to a Tourist Visa is significant and should not be taken lightly. Thorough consideration, preparation, and professional advice are key to navigating this complex path successfully. While converting your approved Green Card application to a Tourist Visa is accompanied by challenges, with the right preparation and understanding of the process, it can be done.

Remember, maintaining compliance with U.S. immigration laws is crucial in your journey, and changes in status like this should be handled with caution and care. Whether you’ve undergone a change in circumstances or have reconsidered your long-term plans, ensure you are making the best informed decision for your particular situation.

Still Got Questions? Read Below to Know More

Can i travel to the u.s. on a tourist visa for medical treatment after withdrawing my green card application.

Yes, you can travel to the U.S. on a tourist visa for medical treatment even after withdrawing your Green Card application, but you’ll need to apply for a B-2 tourist visa, which specifically allows for travel to the U.S. for medical purposes. Here’s what you need to do:

• Apply for a B-2 Visa: You can do this at a U.S. Embassy or Consulate. Fill out the online visa application (Form DS-160), and then schedule and attend your visa interview. You’ll need to prove that your trip is for legitimate medical reasons and that you have the financial means to pay for your treatment and related expenses. Additionally, you must demonstrate that you intend to return to your home country after your treatment is complete.
• A letter from a doctor or medical facility in the U.S., detailing the nature of the treatment and the need for it to happen in the U.S.
• Proof that you have sufficient funds to cover the cost of your medical treatment and related expenses, such as travel and accommodation.
• Evidence of your intent to return home, such as a job or family ties.

It’s important to note that withdrawing a Green Card application could have implications for your tourist visa application. The U.S. Department of State advises that: “Applying for a visa does not guarantee that you will get it. Each case is examined individually, and is accorded every consideration under the law.”

For the most accurate and detailed information, always refer to the official U.S. Department of State’s website for visa information: U.S. Visas and the U.S. Embassy or Consulate website in your country. Remember to provide truthful information about your previous Green Card application and the reason for withdrawal, as this will be taken into account during your B-2 visa application process.

If my family is in the U.S. and I no longer want to live there permanently, what’s the fastest visa I can get to visit them after retracting my Green Card application?

If you’ve decided not to pursue permanent residency in the U.S. and have retracted your Green Card application, and now wish to visit your family in the U.S., the fastest visa option typically is the B-2 Tourist Visa. The B-2 visa is intended for individuals who wish to enter the U.S. for leisure, tourism, or visiting relatives and is usually processed relatively quickly compared to other visa types. Here’s a streamlined overview of getting a B-2 visa:

• Determine Eligibility : Ensure that you meet the eligibility criteria for the B-2 visa, which generally requires demonstrating that you have ties to your home country ensuring you will return there after your U.S. visit.
• Complete Form DS-160 : Fill out the Online Nonimmigrant Visa Application, and make sure to include all required information accurately.
• Schedule and Attend Your Visa Interview : After completing the form, schedule a visa interview at the nearest U.S. Embassy or Consulate and prepare for the interview by gathering all necessary documents which often include proof of your ties to your home country, an invitation from your family in the U.S., and proof of financial means to support yourself during your visit.

It is important to note that the wait times for interview appointments can vary by location, season, and visa category. Also, the U.S. Consulate or Embassy will review your application to ensure that you do not have intentions to immigrate. With a previously retracted Green Card application, you should be prepared to explain your change of plans and demonstrate strong ties to your home country.

For the most accurate and up-to-date information, visit the official website of the U.S. Department of State’s Bureau of Consular Affairs at travel.state.gov .

Remember that visa application success is never guaranteed, and it’s vital to be truthful and thorough in your application and interview.

I plan to study in the U.S. for a short course; should I switch my Green Card to a student visa instead of a tourist visa?

If you are a Green Card holder, also known as a lawful permanent resident of the United States, you do not need to switch to a student visa to study in the U.S. Your Green Card allows you to live, work, and study in the United States without the need to obtain any additional visa. Carrying a student visa is specifically for individuals who are not permanent residents of the United States and who come to the U.S. temporarily with the sole intention to study.

On the other hand, if you have a tourist visa (most commonly a B-2 visa), this visa classification allows you to travel to the U.S. for tourism, pleasure or visiting, and in some cases, for short study courses that do not provide credit toward a degree. According to the U.S. Department of State:

“Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa.”

However, if you intend to engage in a course of study that is more than just recreational and not casual, non-credit, short-duration classes, you should not do so on a tourist visa. Instead, you would be required to obtain the appropriate student visa (either an F-1 or M-1 visa depending on the type of study or institution). For more detailed information, please refer to the U.S. Citizenship and Immigration Services (USCIS) website or the U.S. Department of State’s travel website:

• USCIS: https://www.uscis.gov/green-card
• U.S. Department of State – Visitor Visa: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

Remember, it is important to maintain your Green Card status and abide by the immigration policies of the United States. If you enjoy permanent resident status, you have the freedom to pursue education without unnecessary visa changes and the inconveniences that can entail.

If I got a new job abroad, can I visit the U.S. on a tourist visa even after cancelling my Green Card?

Yes, you can visit the U.S. on a tourist visa even after cancelling your Green Card. When you give up your Green Card, you are essentially relinquishing your status as a permanent resident of the United States. However, this doesn’t prohibit you from entering the country as a visitor in the future. To do so, you would need to apply for a tourist visa, which is typically a B-2 visa for leisure travel. The process for obtaining a B-2 visa includes:

• Filling out the DS-160 form online.
• Paying the visa application fee.
• Scheduling an interview at the U.S. embassy or consulate in your country.
• Preparing documents for your visa interview, including proof of ties to your home country and the intent to return after your visit.

It is important to note that the U.S. Consular officer will evaluate your application to ensure you meet the requirements for a tourist visa. They will assess whether you have strong ties to your home or residence country indicating your intent to return after your visit to the U.S. Evidence of your employment abroad could be a strong factor in this consideration. Ensure to check the official U.S. Visa website for the most up-to-date procedures and requirements: U.S. Visas .

In addition to obtaining a B-2 visa, keep in mind that having previously held a Green Card, the Consular officers may inquire about the reasons for relinquishing it to ensure there were no underlying issues that could affect your eligibility for a tourist visa, such as unpaid taxes or criminal issues. Being transparent and providing accurate information during the application process is essential. For detailed instructions and regulations regarding giving up your Green Card, refer to the United States Citizenship and Immigration Services (USCIS) information page: USCIS – Abandonment of Lawful Permanent Resident Status .

How long after giving up my Green Card can I apply for a tourist visa without raising red flags?

After relinquishing your Green Card, which is formally known as abandoning your Lawful Permanent Resident (LPR) status, you can apply for a tourist visa at any time. However, it’s important to consider the factors that the U.S. consular officers look at to avoid “red flags” that could lead them to believe you have not abandoned your residency or you intend to immigrate again. When applying for a non-immigrant visa, such as a tourist visa (B-2), consular officers will assess your intent to return to your home country after your visit to the United States.

Here are some points you should consider when applying for a tourist visa after giving up your Green Card:

• Ties to your home country : Demonstrate strong ties to your home country, which can include employment, family, property ownership, or other commitments that indicate you will return.
• Purpose of Visit : Clearly explain the purpose of your visit as tourism or a temporary visit and ensure it’s consistent with the activities allowed on a tourist visa.
• Time Interval : While there’s no official waiting period, a reasonable time interval between surrendering the Green Card and applying for a tourist visa can help to illustrate a change in circumstances or intentions regarding your desire to live outside the U.S.

If you apply for a tourist visa shortly after giving up your Green Card, be prepared to provide evidence of the change in your circumstances that led you to abandon your LPR status and to demonstrate your intention to visit the U.S. temporarily. The U.S. Department of State – Bureau of Consular Affairs website provides additional details about visa applications and can be accessed here: U.S. Visas .

Keep in mind that each case is unique, and the decision to grant a visa will rely on the individual merits of your application. It’s advisable to be honest and provide complete information during your visa application process. If your application is denied, the consular officer will provide a reason based on the section of law that applies to your case.

Learn Today:

Glossary or Definitions:

• Green Card (Permanent Resident Card): A document that authorizes individuals to permanently live and work in the United States. It grants the holder lawful permanent resident status.

Tourist Visa (B-2 Visa): A nonimmigrant visa that allows individuals to enter the U.S. temporarily for tourism, visitation, or leisure purposes. It does not grant the holder the right to work or live permanently in the United States.

Conversion: The process of changing or switching from one immigration status to another, such as converting from an approved Green Card application to a Tourist Visa.

Eligibility: Meeting the requirements or criteria necessary for a specific immigration status or benefit.

Permanent Residency Intentions: The intention or purpose to live permanently in the United States as a lawful permanent resident.

USCIS: United States Citizenship and Immigration Services. This is the government agency responsible for overseeing immigration processes and benefits in the United States.

Form I-407: The form used to voluntarily abandon one’s lawful permanent resident status or Green Card.

Record of Abandonment of Lawful Permanent Resident Status: The official documentation that confirms an individual’s voluntary abandonment of their permanent resident status.

Form DS-160: The Online Nonimmigrant Visa Application used to apply for a tourist visa and provide information about the purpose of the visit, personal details, and background information.

Non-Immigrant Intent: The intent to enter the United States temporarily and not to permanently reside.

Consular Officer: A U.S. government official stationed at a U.S. embassy or consulate who evaluates visa applications and determines eligibility for entry into the United States.

Visa Denial: The refusal by a consular officer to issue a visa for reasons such as failure to meet the requirements, suspicions of immigrant intent, or inability to establish temporary visitation purposes.

Future Green Card Applications: Subsequent applications for a Green Card after a previous application has been abandoned or denied.

Procedural Assistance: Guidance and support provided by immigration attorneys or experts to navigate the complex processes and procedures involved in immigration applications.

Immigration Attorney: A legal professional specializing in immigration law who can provide advice, guidance, and representation in immigration matters.

Legal Implications: The potential consequences or impact on an individual’s future immigration opportunities or legal status resulting from their decisions or actions, such as abandoning a Green Card application.

Accuracy: The quality of being true, correct, or precise, particularly in providing information or following procedures related to immigration.

Compliance: Adherence to the rules, regulations, and laws governing immigration and maintaining lawful status in the United States.

Official Resources: Reliable and authoritative sources of information, such as the official websites of USCIS and the U.S. Department of State’s Bureau of Consular Affairs, for accurate and up-to-date immigration information.

Migration Planning: The strategic and organized process of preparing for and executing transitions between different immigration statuses, taking into account long-term goals and legal implications.

So, can you switch from an approved Green Card to a Tourist Visa? It’s not that simple, but with careful planning and professional guidance, it can be done! Keep in mind the challenges of proving your non-immigrant intent and the potential impact on future Green Card applications. For a detailed understanding of the process, visit visaverge.com. Good luck on your immigration journey!

This Article in a Nutshell:

Converting from an approved Green Card to a Tourist Visa is possible under certain conditions. It involves reassessing your immigration intent, contacting USCIS or an immigration attorney, submitting Form I-407 to abandon your Green Card application, and applying for a Tourist Visa. Be aware of challenges, such as proving non-immigrant intent and potential visa denial. Seek legal guidance to navigate the process successfully.

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Change of Status From Visitor Visa to Green Card

Can you apply for a green card while on a tourist visa.

The short answer is ‘it depends’. You can apply for a green card to become a lawful permanent resident in the U.S. while you’re visiting on a tourist visa if you meet certain specific requirements, discussed in more detail below.

U.S. immigration law  (under section 245(a) of the Immigration and Nationality Act (INA))  allows people to file for a change of status  (Adjustment of Status)  if they enter the United States on a visitor visa and meet the requirements to apply for lawful permanent residency (LPR) in the U.S.  But the applicant has to meet certain conditions. The process can be complicated and difficult to navigate,  (completing Form I‑485, and if applying under Section 245(i) Form I-485 Supplement A , ) so many people choose to  work with an immigration lawyer  on  adjustment of status  applications and their underlying petitions..

According to the Immigration and Nationality Act (INA), Section 245(a), the following must occur in order for you to adjust status in the U.S. This applies whether you entered the U.S. on a tourist visa or some other non-immigrant visa:

• You must have been inspected and admitted into the U.S.; or inspected and paroled into the U.S.  For example, you have a tourist visa, and you entered at a U.S. port of entry and presented yourself to an Officer, who reviewed your passport and visa, and admitted you into the U.S. for 6 months.  
• You must properly file an adjustment of status application. Note the use of the word ‘ properly ’.  
• You must be physically present in the U.S. 
• You must be eligible to receive an immigrant visa
• An immigrant visa must be immediately available when you file for adjustment of status and at the time a final decision is made on your application. 
• You are admissible to the U.S. for lawful permanent residence or eligible for a waiver or other form of relief if you are inadmissible.

One very common scenario where one may be eligible to apply for adjustment of status is if a person enters the U.S. on a tourist visa and then during her visit, gets married to a U.S. citizen.  She has been inspected because she entered the U.S. using her tourist visa and then was admitted to the U.S.  She is physically in the U.S. and if her husband files a petition for her, she is eligible to receive an immigrant visa. Furthermore, foreign spouses of U.S. citizens are immediate relatives, and thus, an immigrant visa is immediately available for her when she files and when an immigration officer adjudicates her I-485 (Application for Lawful Permanent Residence). Assuming she is admissible, the foreign spouse would meet all of the requirements to adjust her status from her tourist visa to a green card holder. 

There is also another provision under Section 245(i) of the INA , which allows adjustment of status for applicants who have not been inspected or paroled and admitted, who have worked without authorization, and/or have failed to maintain lawful status since their entry into the U.S.  Also known as the LIFE Act or “la ley de la multa” in Spanish, you may be able to adjust your status under 245(i) if you meet the following requirements:

• You are the beneficiary of a labor certification (ETA 750); an I-130 family petition; or an I-140 petition for alien worker filed on or before April 30, 2001;
• You must file Supplement A (Form I-485A) with your Adjustment of Status Application (Form I-485);
• In most cases, you must pay a penalty of $1000.

This article discusses some of the most common questions we encounter when it comes to change of status (the first steps in how to get a Green Card ) while in the U.S on a tourist visa.

One important point to make and be aware of so you don’t jeopardize your status is you can’t enter the U.S. on a visitor or tourist visa with the intention of applying for a green card and filing the I-485 application. It is only appropriate for you to visit the U.S. and decide to apply for a green card after you’re already here.

In addition to the example of marriage to a U.S. citizen while here on a tourist visa, if you fall under one of the categories below while you’re visiting the U.S. on a tourist visa, you may be eligible to file for adjustment of status. You might be able to file the I-485  green card application if:

• You have a qualifying family member who is a U.S. citizen or lawful permanent resident 
• An employer has offered you a specific job and is willing to sponsor you to take that job
• You have extraordinary ability in the sciences, arts, education, business or athletics
• You are an outstanding professor or researcher, or you’re a multinational manager or executive who meets certain criteria
• You’re a physician who agrees to work full-time in a clinical practice in one of several underserved areas
• You’re an investor (certain investment criteria apply)
• You are a religious worker; you worked for the U.S. government in Iraq or Afghanistan as a translator for at least a year; you’re an international broadcaster or you’re part of one of a handful of international organizations;
• You were granted asylum or refugee status at least a year prior to your change of status petition
• You’re the victim of human trafficking, abuse, or another crime

There are a few other options, as well, so you should talk to an attorney about filing an adjustment of status application and underlying petition if you’re in the U.S. on a visitor visa.

This article will focus on the most common types of cases we help people with when they change their status from a tourist visa to a lawful permanent resident of the U.S. or “ green card holder ” as well as frequently asked questions. Please note that a change of status to lawful permanent resident may be available for other non-immigrant visa holders such as F-1 ,  H-1B , or H-3 visas.

Family-Based Adjustment of Status

Immediate Relatives of U.S Citizens

Spouses, unmarried children under 21 years of age, and parents of  U.S. Citizens are generally eligible to change status while on a tourist visa in the U.S.  These family members are considered to be immediate relatives and visas are always immediately available for the spouses, unmarried children under 21, and parents of U.S. Citizens.

Some Potential Immigration Scenarios

Scenario 1: Parent(s) of a U.S. Citizen .  Your mom is here visiting the U.S. from India so she can go to your daughter’s high school graduation in New York.  When she enters the U.S. she is asked the purpose of her trip and she tells the Customs & Border Protection (CBP) officer that she is going to the graduation ceremony and also intends to visit her other children and grandchildren who live on the West Coast.  The CBP officer tells her that she can remain in the U.S. for 6 months.  

During her visit, your mom sees how you struggle with balancing going to work and caring for your three children; she also realizes that she misses you all very much and would not like to be so far away anymore.  

Since you are a U.S. citizen and your mom has no history that makes her inadmissible to the U.S., you can file a family petition for your mom (the I-130 Alien Relative Petition ), and she can file a green card application based on your I-130 petition.

Scenario 2. Spouse of a U.S. Citizen . Your girlfriend from the Philippines has a B1/B2 tourist visa and is finally coming to meet your family.  The two of you met in Dubai two years ago and have a long-distance relationship, but she hasn’t been able to travel to the U.S. due to COVID restrictions. 

She enters Dulles International Airport and tells the Officer that she is coming to see you. They request to see her return ticket and she also shows proof that she is employed back home.  They allow her to enter the U.S. for 6 months. 

In the middle of her trip, at a family party, you get down on one knee and propose to her. She says ‘yes’.  

You decide to get married in the U.S. so that your family can be present at the small wedding. As a U.S. citizen, you may petition for your wife and she can apply for adjustment of status assuming she has relevant and identifying documents and a record with nothing in her history that makes her ineligible to get a green card.

Spouses, unmarried children under 21 years of age of Lawful Permanent residents  

If you are a lawful permanent resident of the U.S. (green card holder) and your spouse and/or unmarried child or children are here on a tourist visa(s), AND a visa is available per the United States Department of State (aka State Department or US Dept of State ) monthly Visa Bulletin, your spouse and children may be able to apply for adjustment of status while here on their B1/B2 visas.

Employment-Based Adjustment of Status

While it is not as common for an applicant here on a tourist visa to apply for adjustment of status based on an employment petition, it is certainly possible – self-petitioners in the EB-1 extraordinary ability category, for example.  Another example may be a nurse who is licensed in the U.S. and is visiting on a tourist visa may discover an opportunity to be directly petitioned by a hospital or U.S. agency.  

These are only two of several possible scenarios, so it is best to have your case evaluated by an immigration attorney.

Can You Stay in the U.S. While Adjusting Immigration Status?

Generally, you can stay in the U.S. while adjusting status once your I-485 Application for Adjustment of Status is filed, even if the date on your I-94 expires.  In fact, unless you have filed an application for Advance Parole ( Form I-131 ) and it has been approved and received by you, you are at risk of abandoning your I-485 application if you travel outside of the country without Advance Parole.

How Long Does it Take to Adjust Status to “Permanent Resident”?

It takes the U.S. government a significant amount of time to adjust an immigrant’s status to lawful Due to Covid and the adverse effects of the global pandemic, USCIS processing times are taking longer than ever for many types of cases, including adjustment of status. Generally, completing the process takes over a year and in some jurisdictions over a year and a half.  It is a long journey, and it is beneficial to have an immigration attorney guide you through it all. Some cases may be shorter, where an in-person interview is waived.  For example, for many adjustment of status cases, where a U.S. Citizen’s son or daughter files a petition for a parent(s), the in-person USCIS interview is waived.

Information on Current Immigration Visa Processing Times

How Much Does it Cost to File an Adjustment of Status Application?

The I-485 application is currently $1,140, plus a biometrics fee of $85. Biometrics must be paid for applicants who are 14-79 years of age.  There are no biometrics fees for applicants outside this age range. Always check the filing fees on the USCIS website before filing any immigration application. They change periodically and if you file your case with the wrong filing fee, it could be rejected.

Who Qualifies for an Adjustment of Status?

Many people in the U.S. as students, tourists, and other visitors may qualify to file for adjustment of status to become lawful permanent residents and, eventually, naturalized citizens. You could qualify if you have a citizen or Lawful Permanent Resident family member who is willing to sponsor you, if you find employment with a qualifying company, or if you meet certain criteria – such as being a person of extraordinary ability. 

And even if a person entered the U.S. without being inspected, they may be eligible to adjust status under 245(i) if they meet very specific requirements.

For those who want to file an adjustment of status application (Form I-485) from a visitor visa to a green card, your first step should be to consult with an immigration attorney so that we can determine whether you fit the criteria to adjust your status while in the U.S. on a tourist visa.

Can You Work While Waiting for Adjustment of Status?

You can work while waiting for an adjustment of status, but only under specific circumstances. For example, if you’re in the U.S. on a work visa, you’re free to continue working. If you’re not in the country on a work visa, you may still be able to work – but you must file the application for Employment Authorization (Form I-765) along with your Adjustment of Status Application and wait for approval before you can legally get a job and start working in the U.S.

Do You Need to Talk to a Lawyer About Change of Status From a Visitor Visa to a Green Card?  

If you’re in the U.S. on a visitor visa, we can help you determine whether you can change your status to a lawful permanent resident. Call or text us today for an appointment at 757-464-9224 to schedule a consultation  – we’ll ask you some questions about your situation and help you determine the best course of action.  Our virtual consultation will give you peace of mind, whether you are seeking adjustment of status based on a family or work petition or one of the other categories available.

Read more: How to Get a Green Card Through Marriage

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How To Change A Tourist Visa To Permanent Resident In The USA?

Published: November 7, 2023

Modified: December 28, 2023

by Holli Hardison

• Plan Your Trip

Introduction

Welcome to the United States, a country known for its cultural diversity, economic opportunities, and breathtaking landscapes. Whether you arrived in the U.S. as a tourist to explore its wonders or visit your loved ones, you might find yourself contemplating the possibility of making this vibrant nation your permanent home. In this article, we will guide you through the process of changing your tourist visa to permanent residency in the U.S.

Changing your status from a tourist visa to a permanent resident, also known as obtaining a green card, can be a life-changing decision. It grants you the right to live, work, and study in the United States indefinitely, and opens doors to various benefits and opportunities. However, the journey from being a temporary visitor to becoming a permanent resident requires careful planning, adherence to immigration laws, and a thorough understanding of the process.

Before we delve into the details, let’s first get a clear understanding of what a tourist visa is. A tourist visa, also known as a B-2 visa, is a nonimmigrant visa that allows foreign nationals to temporarily enter the U.S. for tourism, pleasure, or visiting family and friends. It typically has a maximum duration of six months and is not intended for immigration or employment purposes. However, if you decide to stay longer and pursue permanent residency, you will need to follow the proper procedures to change your visa status.

Changing your status from a tourist visa to permanent residency involves a series of steps, including researching eligibility criteria, gathering the required documentation, completing application forms, filing with the U.S. Citizenship and Immigration Services (USCIS), attending biometrics appointments, participating in green card interviews, and awaiting the final decision. While the process may seem complex and intimidating, understanding each step and being well-prepared can increase your chances of success.

It is important to note that the process of changing a tourist visa to permanent residency differs depending on your unique circumstances. The requirements may vary based on factors such as your country of origin, the type of visa you hold, your familial relationships, employment opportunities, and more. Therefore, it is crucial to consult with an immigration attorney or seek guidance from reputable sources to ensure you meet the necessary criteria and follow the correct procedures.

In the following sections, we will delve deeper into each step of the process, providing you with valuable insights and practical tips to help you navigate the journey of changing your tourist visa to permanent residency in the United States.

Understanding the Tourist Visa

Before embarking on the journey of changing your tourist visa to permanent residency in the United States, it is essential to have a clear understanding of what a tourist visa entails. A tourist visa, also known as a B-2 visa, is a nonimmigrant visa that allows foreign nationals to enter the United States for temporary purposes such as tourism, vacation, or visiting friends and family.

Typically, a tourist visa is granted for a maximum duration of six months, with the possibility of extension in certain cases. It is important to note that a tourist visa is not intended for immigration or employment purposes. If you wish to stay longer or work in the United States, you will need to change your visa status to a more suitable category, such as a work visa or a green card.

When you enter the United States on a tourist visa, you are expected to abide by the conditions of your visa and not engage in activities that violate its terms. This means refraining from seeking employment, enrolling in a full-time educational program, or participating in any activity that is inconsistent with the purpose of your visit.

While on a tourist visa, you have the opportunity to explore the diverse attractions the United States has to offer. From iconic landmarks like the Statue of Liberty and the Grand Canyon to bustling cities like New York and Los Angeles, there is no shortage of sights and experiences to indulge in during your stay. It is worth noting that the United States is a vast country with unique cultures, cuisines, and natural wonders waiting to be discovered.

It is important to remember that a tourist visa is a temporary visa and does not grant you the right to reside in the United States permanently. If you decide that you want to make the United States your permanent home, you will need to follow the appropriate procedures to change your visa status to a more permanent category, such as obtaining a green card.

It is crucial to be aware of the limitations and responsibilities that come with a tourist visa. While it may be tempting to overstay your visa and prolong your time in the United States, doing so can have serious consequences. Overstaying your visa can result in being barred from reentering the United States in the future, difficulties in obtaining other visas or green cards, and even deportation.

Now that you have a better understanding of what a tourist visa entails, let’s move on to the requirements and steps involved in changing your tourist visa to permanent residency in the United States.

Requirements for Changing Tourist Visa to Permanent Residency

Changing your tourist visa to permanent residency in the United States involves meeting certain requirements set by the U.S. Citizenship and Immigration Services (USCIS). These requirements vary based on many factors, including your country of origin, familial relationships, employment opportunities, and more. While the specific criteria may differ depending on your circumstances, there are general requirements that most individuals must fulfill to be eligible for a change of status.

1. Valid Nonimmigrant Status: To be eligible for a change of status, you must currently hold a valid nonimmigrant status, such as a tourist visa (B-2 visa). This means that you must have entered the United States legally and are maintaining lawful status throughout your stay.

2. Eligible Immigrant Category: You must determine which immigrant category you fall under to apply for permanent residency. There are various categories available, including family-based, employment-based, refugee or asylee, diversity visa lottery, and more. Each category has specific requirements, and it is essential to identify the one that best fits your situation.

3. Evidence of Eligibility: You will need to provide evidence to support your eligibility for permanent residency. This can include documents such as birth certificates, marriage certificates, employment records, educational qualifications, financial statements, and other relevant documentation depending on the immigrant category you are applying under.

4. Financial Support: In many cases, you will need to demonstrate that you have adequate financial support to sustain yourself and any dependents in the United States. This can be in the form of bank statements, employment contracts, sponsorship letters, or other evidence of financial stability.

5. Medical Examination: As part of the application process, you will be required to undergo a medical examination by a designated USCIS-approved physician. The purpose of the examination is to ensure that you do not have any communicable diseases or health issues that may pose a public health threat.

6. Background Check: All applicants for permanent residency in the United States are subject to a thorough background check. This includes a review of your criminal history, immigration violations, and other relevant factors. It is important to be honest and disclose any relevant information as withholding or providing false information can result in serious consequences.

7. English Language and Civics Knowledge: Depending on your age and the manner in which you are applying for permanent residency, you may be required to demonstrate a certain level of English language proficiency and knowledge of U.S. civics. This is typically done through an English language and civics test conducted during the application process.

It is important to note that these requirements are subject to change, and it is crucial to stay updated with the latest USCIS guidelines and regulations. Consulting with an immigration attorney or referring to reputable sources can provide you with the most accurate and up-to-date information.

Now that we have discussed the general requirements for changing your tourist visa to permanent residency, we can move on to the step-by-step process of navigating this journey.

Step 1: Researching Eligibility Criteria

Before you begin the process of changing your tourist visa to permanent residency in the United States, it is crucial to thoroughly research and understand the eligibility criteria for the specific immigrant category you wish to apply under. Each category has its own set of requirements, and meeting these criteria is essential for a successful application.

The U.S. Citizenship and Immigration Services (USCIS) website is an invaluable resource for researching eligibility criteria. It provides detailed information on various immigrant categories, including family-based immigration, employment-based immigration, refugee or asylee status, diversity visa lottery, and more.

Start by determining the immigrant category that best suits your situation. For example, if you have a close family member who is a U.S. citizen or a permanent resident, you may be eligible for a family-based immigration category. On the other hand, if you have unique skills or qualifications, you may explore employment-based immigration options.

Once you have identified the relevant immigrant category, carefully review the specific eligibility requirements associated with it. Pay close attention to factors such as familial relationships, employment opportunities, education and skill requirements, visa availability, and any other specific criteria outlined by the USCIS.

During your research, it is advisable to consult with an experienced immigration attorney who can provide personalized guidance based on your unique circumstances. They can help assess your eligibility and offer valuable insights into the application process.

Additionally, consider seeking information from trustworthy sources such as government websites, immigration forums, and immigration advocacy organizations. These resources can provide practical tips, success stories, and frequently asked questions that can further clarify the eligibility criteria and help you make informed decisions.

As part of your research, also make note of any important deadlines, filing fees, and potential changes in immigration policies or regulations. Staying up-to-date with the latest information ensures that you are well-prepared and can submit your application within the required timeframe.

Remember, each immigrant category has its own eligibility criteria, and it is essential to thoroughly understand these requirements before proceeding with the application process. By investing time in research and seeking appropriate guidance, you can ensure that you meet the necessary eligibility criteria and increase your chances of a successful transition from a tourist visa to permanent residency in the United States.

Step 2: Gathering Required Documentation

Once you have researched the eligibility criteria and determined the specific immigrant category you will be applying under, the next step in changing your tourist visa to permanent residency in the United States is gathering the required documentation. It is crucial to prepare and organize all the necessary documents to support your application and demonstrate your eligibility for permanent residency.

The required documentation will vary depending on the immigrant category, but there are some common documents that are often requested by the U.S. Citizenship and Immigration Services (USCIS) for most applications. Here are some examples:

1. Passport and Travel Documents: You will need a valid passport that is not near expiration. Include copies of previous U.S. visas, entry stamps, and any other relevant travel documents.

2. Birth Certificates: Provide original or certified copies of birth certificates for yourself, your spouse, and any dependent children. Make sure these documents are translated into English if they are in a different language.

3. Marriage Certificates: If you are married, provide a copy of your marriage certificate to establish your marital status. If you have been divorced or widowed, include relevant documentation for those cases as well.

4. Financial Documentation: It is important to demonstrate that you have the financial resources to support yourself and any dependents in the United States. This can include bank statements, employment letters, tax returns, and other financial documents that prove your financial stability.

5. Evidence of Relationship: If you are applying under a family-based immigrant category, provide evidence of the relationship between you and your sponsoring family member. This can include documents such as birth certificates, marriage certificates, adoption papers, and photographs together.

6. Educational Qualifications: Depending on the immigrant category, you may need to provide educational documentation such as diplomas, transcripts, or professional certifications. These documents help establish your qualifications and skills.

7. Employment Records: If you are applying under an employment-based immigrant category, include employment records, work contracts, letters of recommendation, and any other relevant documentation that attests to your professional experience and skills.

8. Medical Examination: As part of the application process, you will need to undergo a medical examination conducted by a designated USCIS-approved physician. The results of this examination should be included in your application.

9. Other Supporting Documents: Depending on your specific circumstances and the requirements of your immigrant category, there may be additional documents that need to be included. These can range from proof of specialized skills to letters of support from employers or community members.

It is important to carefully review the documentation requirements for your specific immigrant category and follow the instructions provided by the USCIS. Make sure to gather the original documents or certified copies, and keep copies of everything for your records.

Organizing your documents and creating a comprehensive checklist can help ensure that you have all the required documentation before submitting your application. This step is critical to providing a strong and well-documented case for your permanent residency application.

Remember, the required documentation can vary depending on your circumstances and the immigrant category you are applying under. Consulting with an experienced immigration attorney can help provide personalized guidance and ensure that you gather all the necessary documents for a successful application.

Step 3: Completing the Application Forms

Completing the application forms is a crucial step in the process of changing your tourist visa to permanent residency in the United States. The U.S. Citizenship and Immigration Services (USCIS) requires specific forms to be completed accurately and thoroughly. These forms serve as the official documentation for your application and provide the USCIS with essential information about your background, eligibility, and intentions.

The specific forms required will depend on the immigrant category you are applying under. The USCIS website and instructions for each category will provide the necessary forms and guidelines. In general, the following forms are commonly used:

1. Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used to apply for adjustment of status to permanent residency. It includes personal information, background details, and questions about your eligibility for permanent residency.

2. Form I-130, Petition for Alien Relative: This form is used for family-based immigration applications and is filed by a relative who is already a U.S. citizen or permanent resident. It establishes the relationship between the petitioner and the beneficiary (the person seeking permanent residency).

3. Form I-140, Immigrant Petition for Alien Worker: This form is used for employment-based immigration applications. It is filed by a U.S. employer to petition for a foreign worker’s eligibility for permanent residency based on their employment qualifications.

4. Form I-864, Affidavit of Support: This form is required for many family-based and some employment-based immigrant applications. It is used to demonstrate that you have sufficient financial support to avoid becoming a public burden in the United States.

5. Additional Forms: Depending on the specific circumstances of your application, additional forms may be required. For example, if you have criminal history, you may need to submit Form I-601, Application for Waiver of Grounds of Inadmissibility.

When completing the application forms, it is essential to carefully read and follow the instructions provided by the USCIS. Pay close attention to the details and provide accurate and truthful information. Any discrepancies or errors in the application forms can lead to delays or potential denials of your application.

Provide all required information, attach necessary supporting documentation, and ensure that the application is signed and dated where required. Keep copies of all completed forms and supporting documents for your records.

It is worth noting that the USCIS may request additional evidence or documentation to support your application. This can include supporting letters, additional identification documents, or proof of certain qualifications. Stay organized and be prepared to provide any requested information promptly.

As the application process can be complex, consulting with an experienced immigration attorney can provide invaluable guidance and ensure that your application forms are completed accurately and in compliance with USCIS requirements.

Once the application forms are completed, you are ready to move on to the next step – filing your application with the USCIS. This will be discussed in the following section.

Step 4: Filing the Application with USCIS

After completing the necessary application forms and gathering all the required documentation, the next step in changing your tourist visa to permanent residency in the United States is filing your application with the U.S. Citizenship and Immigration Services (USCIS). Properly submitting your application is crucial to ensure it receives timely processing and consideration.

Before filing your application, carefully review the USCIS instructions and guidelines specific to your immigrant category. These instructions will outline the correct filing procedures, mailing addresses, and any additional requirements.

Here are some key points to consider when filing your application:

1. Filing Fees: Most USCIS applications require payment of a filing fee. Check the USCIS website or consult with an immigration attorney to determine the correct fee for your application. Payment can be made by check, money order, or online through the USCIS website.

2. Form Submission: Make sure to sign and date all forms where required, and double-check for any missing or incomplete information. Arrange the completed forms and supporting documents in the order specified in the USCIS instructions.

3. Copies and Originals: Unless specifically requested, submit copies of all supporting documents unless they are original documents that are required to be submitted. Keep the original documents in a safe place, as the USCIS may request them during the application process.

4. Mailing Method: Follow the USCIS instructions for mailing your application. It is recommended to use a certified mail or courier service to ensure delivery confirmation and tracking. This provides a record of when your application was received by the USCIS.

5. Keep Copies: Make copies of the entire application package, including all forms and supporting documents, for your records. This is important for reference and to have a complete copy of your application in case any issues arise.

6. Filing Deadlines: Ensure that you submit your application within the required timeframe outlined by the USCIS. Missing the deadline may result in your application being denied or delayed.

7. Receipt Confirmation: Once the USCIS receives your application, they will provide you with a receipt notice to acknowledge that your application has been received. This receipt notice will contain a unique receipt number, which you can use to track the progress of your application online through the USCIS website.

After filing your application, you will need to wait for further instructions and updates from the USCIS. Be prepared for potential requests for additional evidence or information that may be needed to process your application.

It is important to note that the USCIS processing times can vary depending on the workload and the complexity of your case. It is advisable to regularly check the USCIS website or consult with an immigration attorney for updates on processing times.

As you proceed to the next steps in the application process, be prepared to attend biometrics appointments, participate in green card interviews, and provide any requested evidence to support your eligibility for permanent residency in the United States.

Now that you have successfully filed your application with the USCIS, it’s time to move forward and prepare for the upcoming steps in your journey to obtaining permanent residency.

Step 5: Attending Biometrics Appointment

After filing your application with the U.S. Citizenship and Immigration Services (USCIS), the next step in the process of changing your tourist visa to permanent residency in the United States is attending a biometrics appointment. This appointment is a crucial part of the application process and involves providing your fingerprints, photographs, and signature.

The biometrics appointment is scheduled by the USCIS after they receive your application and review the initial documentation. It is typically conducted at a designated USCIS Application Support Center (ASC) near your place of residence.

Here’s what you can expect during the biometrics appointment:

1. Fingerprinting: The main purpose of the biometrics appointment is to capture your fingerprints electronically. This is done using a specialized machine that scans your fingers to create a digital record. The USCIS uses this record to conduct background checks and verify your identity.

2. Photograph: The USCIS will also take a photograph of you during the appointment. This photograph will be used for identification purposes and may appear on your official documents, such as the green card.

3. Signature: You will be required to provide your signature digitally or on paper, depending on the USCIS procedures at the time of the appointment. This signature will be used for official documents and immigration purposes.

It is important to arrive at the biometrics appointment on time and with all required documentation. Bring your appointment notice, valid identification (such as your passport), and any other documents specified in the appointment notice. Failure to bring the necessary documentation may result in delays or complications in the process.

During the appointment, the USCIS staff will guide you through the process and explain the steps involved. They will use the electronic fingerprinting equipment and ensure that the necessary biometric data is captured accurately.

Upon completion of the biometrics appointment, you will receive a receipt as proof that you attended the appointment. This receipt can serve as evidence of compliance with the biometrics requirement in your application.

It is important to note that after the biometrics appointment, your application will continue to be processed by the USCIS. They will conduct background checks and review your case to determine your eligibility for permanent residency.

While waiting for the USCIS decision, it is advisable to regularly check the USCIS online case status and be responsive to any requests for additional information or evidence that may be needed.

Attending the biometrics appointment is a necessary step in the journey of changing your tourist visa to permanent residency in the United States. By cooperating with the USCIS and providing the required biometric data, you are contributing to the processing of your application and getting closer to obtaining your green card.

Now that you have completed the biometrics appointment, let’s move forward to the next step – waiting for the decision from the USCIS.

Step 6: Waiting for Decision from USCIS

After completing the biometrics appointment, the next step in the process of changing your tourist visa to permanent residency in the United States is waiting for a decision from the U.S. Citizenship and Immigration Services (USCIS). This period of waiting can be both exciting and nerve-wracking, as it determines the outcome of your application.

The length of time it takes for the USCIS to make a decision can vary depending on various factors such as the complexity of your case, the USCIS workload, and the specific immigrant category you are applying under. It is important to note that processing times can be lengthy, and it is crucial to remain patient during this stage.

While waiting for a decision from the USCIS, there are a few important things to keep in mind:

1. Check Your Case Status: Utilize the USCIS online case status tool to regularly check the progress of your application. The USCIS will provide updates on the status of your case, which can give you an idea of where you are in the processing timeline. Be aware that processing times can vary, and not all cases progress at the same rate.

2. Respond to Requests for Evidence: During the process, the USCIS may request additional evidence or information to support your application. It is important to respond to these requests promptly and provide the requested documentation within the given timeframe. Failing to provide the requested evidence may result in delays or a potential denial of your application.

3. Be Prepared for Interviews: Depending on the immigrant category and the USCIS’s discretion, you may be called for an interview to discuss your application further. If an interview is scheduled, make sure to prepare thoroughly by reviewing your application and supporting documents. Be honest, confident, and respectful during the interview process.

4. Plan Ahead: While waiting for a decision, it is advisable to start planning for your future as a potential permanent resident. Consider factors such as housing, employment opportunities, and any necessary lifestyle adjustments. Preparing in advance can help ease the transition once your application is approved.

5. Consult with an Immigration Attorney: If you have concerns or questions during the waiting period, it is beneficial to consult with an experienced immigration attorney. They can provide legal advice, address your inquiries, and offer guidance based on their expertise and knowledge of the immigration system.

Remember, the USCIS will notify you of their decision regarding your application. If approved, you will proceed to the next steps in the process. If denied, you may have the option to appeal or explore other options based on the specific circumstances of your case.

Waiting for a decision from the USCIS requires patience and perseverance. By staying informed, responding to requests for evidence, and seeking professional guidance when needed, you can navigate through this stage of the process and remain prepared for what comes next.

Now that you understand the waiting period, let’s move on to the next step – attending the Green Card interview.

Step 7: Attending the Green Card Interview

After a period of waiting, the next step in the process of changing your tourist visa to permanent residency in the United States is attending the Green Card interview. The interview is a crucial part of the application process and provides an opportunity for the U.S. Citizenship and Immigration Services (USCIS) to verify the information provided in your application and assess your eligibility for permanent residency.

The Green Card interview is typically scheduled by the USCIS after they have reviewed your application, conducted any necessary background checks, and determined that an interview is required. The purpose of the interview is to evaluate your credibility, confirm the accuracy of the information provided, and clarify any questions the USCIS may have about your case.

Here’s what you can expect during the Green Card interview:

1. Appointment Notice: The USCIS will send you a notice with the date, time, and location of the interview. It is essential to carefully review the notice and make note of any specific instructions or required documentation to bring to the interview.

2. Preparing for the Interview: Prior to the interview, thoroughly review your application and all supporting documents. Be prepared to answer questions related to your personal background, family relationships, employment history, and any other relevant factors. Familiarize yourself with the information provided in your application to ensure consistency and accuracy.

3. Required Documentation: Bring all requested documents and evidence to the interview. This can include original identification documents, birth certificates, marriage certificates, medical examination results, financial records, or any other supporting documentation specified in the appointment notice. Make sure to have both original documents and copies for submission.

4. Be Truthful and Honest: During the interview, it is crucial to be truthful and provide accurate information. Answer all questions honestly and to the best of your knowledge. If you do not understand a question, do not hesitate to ask the USCIS officer for clarification.

5. Supporting Documents Review: The USCIS officer conducting the interview will review the documents you provide and may ask questions to further clarify or verify the information. Be prepared to explain any discrepancies or provide additional information or evidence as requested.

6. Language and Interpretation: If you are not fluent in English, you have the right to bring an interpreter to the interview. However, it is important to note that the USCIS officer needs to understand your answers in order to assess your eligibility for permanent residency.

7. Respectful Behavior: Maintain a professional and respectful demeanor throughout the interview process. Listen carefully to the questions asked, answer confidently, and remain calm and composed. Courtesy and respectful behavior are keys to a successful interview.

Following the interview, the USCIS officer will make a decision on your application. If approved, you will move forward in the process to receiving your Green Card. If additional information is required or if any issues arise, the USCIS will follow up with you accordingly.

It is important to note that attending the Green Card interview is a critical step, and preparation is key to success. Review your application, gather the necessary documents, and be ready to provide clear and concise answers to the USCIS officer’s questions. If you have any concerns or questions, consult with an immigration attorney for guidance and support.

Now that you understand the Green Card interview process, let’s move on to the final step – receiving the decision and the Green Card itself.

Step 8: Receiving the Decision and Green Card

The final step in the process of changing your tourist visa to permanent residency in the United States is receiving the decision on your application and, if approved, obtaining your Green Card. This step marks the successful culmination of your journey towards becoming a permanent resident of the United States.

Once the U.S. Citizenship and Immigration Services (USCIS) has completed the necessary processing of your application, they will notify you of their decision in writing. There are two possible outcomes: approval or denial.

If your application is approved:

1. Receipt of Approval Notice: The USCIS will send you an approval notice stating that your application for permanent residency has been approved. This notice will typically include important information such as your A-number (alien number) and the validity dates of your Green Card.

2. Biometric Reuse: In some cases, the USCIS may reuse the biometric data previously collected during the biometrics appointment, eliminating the need for additional biometrics.

3. Receiving the Green Card: The Green Card, also known as the Permanent Resident Card, will be mailed to the address you provided in your application. It is important to ensure that your mailing address is accurate and up to date to avoid any issues with the delivery of your Green Card.

If your application is denied:

1. Receipt of Denial Notice: The USCIS will send you a denial notice indicating the reasons for the denial. The notice will also provide information on whether there is an opportunity to appeal the decision or explore other options.

If your application is denied, it is crucial to consult with an immigration attorney to understand the reasons for the denial and explore potential avenues for resolving the issue.

Once you receive the Green Card, carefully review the information on the card to ensure its accuracy. The Green Card serves as your proof of legal permanent residency in the United States and provides various rights and benefits, including the ability to live and work permanently in the country.

Remember to keep your Green Card in a safe place, as it is an important official document. Make note of its expiration date, as permanent residents need to apply for a new Green Card to renew their status.

Being a Green Card holder affords you many privileges, including the ability to travel freely in and out of the United States, eligibility for certain government benefits, and the potential to apply for U.S. citizenship in the future, if desired.

Now that you have successfully received your Green Card, congratulations! Take the time to celebrate this milestone and embrace the opportunities that come with being a permanent resident of the United States.

Remember, the process of obtaining permanent residency can be complex and may vary based on your unique circumstances. Consult with an immigration attorney or reputable sources to ensure you have accurate and updated information throughout the journey.

We hope this guide has provided you with valuable insights and guidance on how to change your tourist visa to permanent residency in the United States. Best of luck in your pursuit of a new chapter as a permanent resident!

Congratulations on completing the journey of changing your tourist visa to permanent residency in the United States! It was a process that required careful planning, adherence to immigration laws, and a thorough understanding of the steps involved. By researching eligibility criteria, gathering required documentation, completing application forms, filing with the U.S. Citizenship and Immigration Services (USCIS), attending the biometrics appointment, waiting for a decision, participating in the Green Card interview, and finally receiving the decision and Green Card, you have successfully transitioned from a temporary visitor to a permanent resident of the United States.

Obtaining permanent residency offers numerous benefits and opens doors to new opportunities. As a permanent resident, you have the right to live, work, and study in the United States indefinitely. You can enjoy the cultural diversity, economic opportunities, and stunning landscapes this country has to offer. Additionally, being a permanent resident puts you on a path towards potential U.S. citizenship in the future, if that is a goal you wish to pursue.

Throughout this process, it is important to emphasize the significance of staying informed and seeking guidance from reputable sources. The U.S. immigration system can be complex, and policies and procedures can change over time. Consulting with an immigration attorney can provide invaluable guidance and support, ensuring that you navigate the process effectively and maximize your chances of success.

Remember, each individual’s journey towards permanent residency may have its unique challenges and requirements. The steps outlined in this guide provide a general roadmap, but it is crucial to tailor your approach based on your specific circumstances and the immigrant category you are applying under.

Embrace this new chapter of your life, and make the most of the opportunities that being a permanent resident affords you. Continue to abide by immigration laws, stay up to date with any changes or requirements, and contribute positively to your local community.

We hope that this comprehensive guide has equipped you with the necessary knowledge and insights to navigate the process of changing your tourist visa to permanent residency in the United States successfully. Good luck on your journey as a permanent resident, and may your new status bring you happiness, growth, and fulfillment in your life in the United States.

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Change of status from visitor visa to Green Card

• Post author: Lluis Law
• Post published: May 31, 2022
• Post category: Immigration

Many individuals who travel as B-2 visitors to the United States ask themselves the following question: Can I change of status from a visitor visa to a Green Card? In this article we answer this and other questions regarding immigration to this country.

Our  immigration lawyers in Los Angeles , California are experts in the field. We offer the best and most efficient service to  obtain a Green Card  or  become a US citizen .

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Table of Contents

How to Change of status from a visitor visa to a Green Card In 2024

Entering on a  US tourist visa  and staying is possible. Aliens with a tourist visa have several ways to achieve this. For example, through an  family based immigration  (spouse, parents, children, siblings) or marriage to a citizen or resident.

Of course, it is not an expedited process, since it depends on a series of eligibility requirements that you must meet.

Before starting the process, you will need to consult with an immigration attorney if you are eligible to apply for  adjustment of status .

• The tourist visa only allows permanence in the country for a period not exceeding 6 months. 
• However, it is possible to extend their legal stay and arrange paperwork if the national foreigner decides to stay longer. 

Read on for key information on living in the United States on a tourist visa.

I Entered With A Visa And Stayed, What Options Do I Have To Arrange Paperwork?

National foreigners with legal status in the US have more opportunities to arrange paperwork. So it is important not to accumulate unlawful presence in the US while you process the papers. 

Another element to take into account is that if the agency discovers that the tourist visa application was with the intention of staying, the person would be committing a serious violation of Immigration law. 

Ways To Fix Papers If You Enter With A Tourist Visa

There are 6 ways to fix paperwork and change of status from a visitor visa to a Green Card if you are legally in the US on a tourist visa: 

• Adjustment of status through a US citizen child over the age of 21, even if they are a minor upon reaching age 21, is possible to do so;
• Marry a US citizen. It is the fastest way to obtain permanent residence without having to leave the US for  consular processing ;
• Marry a lawful permanent resident. Residency by marriage to a resident is another way, but you have to apply for an  immigration waiver of inadmissibility  and leave the US.
• Petition of a direct family member (parents, spouses) that also requires consular processing;
• Vawa visa  (violence against women law) for victims of abuse or extreme cruelty;
• Political opinions;
• Religious beliefs;
• Nationality, or;
• Belonging to a certain social group.

In our articles “ What happens if you overstay your US visa ” and “ Can you marry in the US on a toruist visa ” we expand the information on how to change the status from visitor to permanent resident. You can also check the most common  marriage based Green Card interview questions .

How Can I Fix Papers If I Entered The US Undocumented?

• Those who enter the United States illegally need to leave again in order to apply for their Green Card. The national foreigner must return to their country of origin to carry out the consular procedure, after requesting an immigration permit (advance parole);
• The other path is through adjustment of status, which allows you to apply for permanent residence without having to leave the US, protected by  Immigration Law 245 (i) ;
• This law benefits those who have applied for a work visa, a  PERM labor certification  or a relative petition before April 30, 2001;
• Likewise, it is possible to fix papers if you entered undocumented and are a beneficiary of a TPS ( Temporary Protected Status ); 
• The Immigration law allows the alien to request residency later at the request of the spouse or citizen child over 21 years of age.

Remember that US legislation promotes and prioritizes family reunification in its immigration policy.

To learn  what is advance parole check our article dedicated to this topic.

What Happens If You Stay In The US Longer Than Allowed On A Tourist Visa?

Unlawful presence in the US  can bring very serious consequences. Especially, if the immigrant does not have adequate legal advice.  

If your tourist visa is about to expire and you need to stay longer, talk to your lawyer as soon as possible. Through a visa extension you can extend the period of legal stay in the US for another six months. 

In this way, you will have more time to manage and comply with the requirements established by USCIS.

Staying in the US longer than allowed means:

• Accumulating unlawful presence, losing legal status, and risking deportation;
• It prevents you from being eligible to obtain a new American visa;
• Cancellation of the tourist, work, student or any other type of visa;
• Even staying for more than a day complicates the completion of any immigration procedure in the future;
• But if they exceed 180 days and then move out of the country, they trigger the three-year ban. That means that during that time you will not be able to enter the US again;
• If national foreigners stays more than a year, then they could be sanctioned with the 10-year bar. During that period they will also not be able to enter the country.

Are you filing for removal proceedings? You may be eligible for a  cancellation of removal .

How To Apply For The Tourist Visa Extension?

The general requirements to request an extension of the tourist visa are the following:

• Have been lawfully admitted to the US in nonimmigrant status;
• Be legally in the country. That is, with current nonimmigrant status;
• You have not been charged or convicted of  deportable crimes and offenses ;
• There is no reason to have to leave the US;
• Have a passport that is valid for the extension time requested to stay in the US;
• Prove that the delay in leaving was due to unforeseen and/or extraordinary circumstances. For example, health reasons, family and others.

Additionally, you must:

• Complete and sign  Form I-539 , Application for Extension or Change of Nonimmigrant Status, and pay the $370 fee. Certain individuals qualify to request a fee waiver;
• Submit form I-539 to USCIS. Take into account that this request must be made before the legal period of your stay expires.

What Are The Options For Submitting The Form?

The form can be submitted by:

• Postal mail  to the appropriate address, according to the applicant’s classification and situation;

To check the status of the extension request online, you must enter the  case number . If you wish to receive notifications about the status of the application, you can also subscribe to the following  link .

Before making the application, it is best to consult with an experienced and competent Los Angeles immigration attorney. In the request you must argue the reasons for requesting an extension of your stay in the United States.

How Many Times Can I Request The Extension Of The Visa?

Since the maximum length of stay in the US is one year, a visa extension can only be requested once. Unless you want to become a permanent resident through one of the exceptions allowed by law.  

How Long Can Visa-Exempt Travelers Stay? 

Travelers from 38 countries, including Canada and most member countries of the European Union, can travel to the United States for up to 90 days. To do this they must make an  ESTA permit application . 

Unlike tourist visas for travelers from the rest of the world, the Visa Waiver program does not allow you to request visa extensions. There are two options to stay longer in the US: 

• Physically leave the country and re-enter, or;
• Request longer stays through the  B-1 visa or B-2 visa that can be processed at a US consulate in your country before your trip.

Wasn’t your passport stamped when you entered the United States ?  Can an illegal immigrant fly within the US ? We give you all the answers on our immigration blog.

Can The Tourist Visa Be Converted Into A Green Card?

A frequent question from immigrants who want to reside in the US is this: If I have a tourist visa, can I still become a resident? The answer is yes. Aliens with a tourist visa can apply to receive a Green Card. However, they need to have legal status and meet the eligibility conditions to adjust their status. 

Learn more about how you can change your current status from tourist to immigrant by speaking with our immigration attorneys.

How Can I Change My Visa Status From Tourist To Permanent Resident?

To change your status from tourist to immigrant, you must meet certain requirements. Then file an application with USCIS, depending on how you intend to become a resident. That is, at the request of a family member or at the request of an employer.

Consider the following:

• Wait at least 90 days to start the process. If you do this sooner, Immigration will assume you entered the US on a tourist visa to stay;
• Those who are getting married or petitioning for a relative can apply through  Form I-130 , Petition for Alien Relative;
• If the family member is already in the United States and a visa number is available, they must file  Form I-485 , Application to Register Permanent Residence or Adjust Status. If you are outside the US, you must go through consular processing;
• Instead, to obtain residency for an immigrant by work it is necessary to complete  Form I-140 , Petition by Alien Immigrant Worker or  Form I-526 , Petition for Immigrant by Alien Entrepreneur; 
• Once they are approved, they can then file Form I-485 to adjust status.

Can I Use My Tourist Visa While I Wait For The Green Card?

Depends. If you entered the US on a valid tourist visa and are applying for a Green Card, yes. Even if after the process your I-94 residence permit expires. 

But if you are outside the US and a family member or employer applied for it, you cannot use your tourist visa while the application is pending. You must wait until you receive approval to adjust your immigration status so you can travel on an immigrant visa. 

Can I Work On A Tourist Visa In The US?

• It is prohibited by law to work in the US with this  types of American visas . 
• Only aliens who are already doing paperwork to fix papers can work.
• Asylum seekers can do so after 150 days of having started such process. 

Although there is no written punishment in the law for immigrants who are caught working illegally in the US, the most common thing is that the alien cannot obtain a new visa. 

Entering the USA with a tourist visa and staying carries certain risks for any national foreigner. The good news is that you can minimize that risk by consulting the best immigration attorneys in Los Angeles. 

Now that you know more about the change of status from visitor visa to Green Card, note that our firm can help you fix your papers if you entered with a tourist visa. We have nearly 50 years of experience helping aliens like you. Call us today.

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How to Apply for a Change of Status From a Visitor Visa to a Marriage Green Card

Every year, many foreign nationals meet and fall in love with U.S. citizens and permanent residents while in the country on a B-1/B-2 visitor visa. Many couples choose to make their home in the United States. When that happens, the foreign spouse needs to get a green card to live in the country legally. U.S. immigration law allows immigrants on tourist visas to petition for an adjustment of status from their visitor visa to a green card, but the foreign spouse must meet certain eligibility criteria to do so. In this article, we describe how a foreign spouse qualifies to apply for a marriage green card while on a visitor visa, and what the application process is like when they are changing their immigration status.

Written by Jonathan Petts .  Written May 25, 2022

Can I Change My B-1/B-2 Visitor Visa to a Marriage Green Card?

Applicants who meet certain conditions can qualify to change their immigration status from a visitor visa to a green card. First, you must be eligible for a green card. You can apply for a green card if you meet certain requirements, such as employer sponsorship or familial relationships with a U.S. citizen or lawful permanent resident. While many different family members qualify, immediate relatives have special priority. For example, spouses fall under the category of immediate relatives. 

There are two different paths for spouses to receive a green card. If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status .

Who Qualifies for an Adjustment of Status to a Marriage Green Card?

To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements:

Must be located in the United States when you apply 

Must have entered the United States lawfully

For most people, this means you entered the United States with proper travel documents and a valid visa. You also made contact with a Customs and Border Patrol (CBP) immigration officer and the officer recognized your entry. Spouses who entered through the visa waiver program can adjust their status only if they’re married to U.S. citizens. If you are now in unlawful presence, but your entry was lawful, you still qualify. 

What Is the 90-Day Rule?

You need to be present in the United States to submit an adjustment of status application. However, it is important to recognize that B-1 or B-2 visa holders who use adjustment of status to apply for a green card may seem suspicious. 

When you use a B-1 or B-2 visa to enter the United States, you have a nonimmigrant status because you declared that you intend to return home within a certain period. However, if you stay in the United States and apply for a green card, it may seem that you inaccurately represented your original intention to leave. As a result, a U.S. Citizenship and Immigration Services (USCIS) officer could reject your green card application and remove your visa if they decide you purposefully lied. 

It is important to use the 90-day rule to avoid this potential issue. USCIS officers assume that temporary visa holders who apply for a green card within 90 days of arriving in the United States purposefully misrepresented their intentions to leave. USCIS officers decide whether or not you were dishonest about your intentions, so you may be able to prove that you were honest. However, it is safer to prevent this potential issue by waiting at least 91 days after arriving in the United States to file for a green card application.

How Do I Adjust Status From a B-1/B-2 Visa to a Marriage Green Card?

When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card . Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen. 

If I Married a U.S. Permanent Resident (Green Card Holder)

If you married a U.S. permanent resident and hope to get a marriage green card through adjustment of status, your spouse should file Form I-130 . Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.” After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires. 

Before Your Visa Expires

If you receive your visa number before your visa expires, you can stay in the United States to file your green card application. You will fill out Form I-485 , which is officially named “Application to Register Permanent Residence or Adjust Status.” After USCIS approves your application, you will receive your physical card. The entire process, beginning when USCIS received your Form I-130, will take about 29 to 38 months . 

After Your Visa Expires

If you receive your visa number after your visa expires, you have to leave the United States to file your green card application through consular processing. You will use the process for spouses married to green card holders but living in their home country. After USCIS approves your green card application, you will receive the physical card. The entire process, since USCIS received your Form I-130, will likely take 23 to 32 months . 

You will have to leave the United States unless you can extend your B-1 or B-2 visa or get another type of temporary visa to remain legally. If you can do so, you can follow the process for spouses married to green card holders and living in the United States. 

If your spouse becomes a U.S. citizen through naturalization while waiting for your visa number, you can switch your process to the process for people who married a U.S. citizen. You can do this even if you have already started your application process. 

If I Married a U.S. Citizen

However, if you married a U.S. citizen and hope to get a green card through adjustment of status, you and your spouse will have a somewhat similar process when following the steps to obtain a marriage green card . You and your spouse should try to file the following forms at the same time. Although you can file them separately, that is unusual. 

Your spouse, who is a U.S. citizen, should sign and file Form I-130, which is officially named “Petition for Alien Relative.” You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.” You will likely receive your green card 10 to 13 months after USCIS receives your application package if you married your U.S. citizen spouse “in good faith.” “In good faith” means that you did not marry them just to receive a green card, and you will have to prove this to the U.S. government.

You also have the option to return to your home country to file your green card application through consular processing. Your local U.S. consulate or embassy will review your application. There will be lower application fees and a longer processing time to receive your green card if you use consular processing. 

Frequently Asked Questions About Adjustment of Status From B-1/B-2 Visas to Marriage Green Cards

Adjusting your visa status can be complicated. Here are some answers to frequently asked questions (FAQ), including application processing times, working in the U.S. while waiting, and other general application tips. 

How Long Does Adjusting Status to a Marriage Green Card Take?

Immigration application processing times can vary widely. The time it takes to adjust status to a marriage green card can vary depending on whether your spouse is a U.S. citizen or permanent resident and whether you reside in your home country or the United States. On average, it will take 10 to 38 months to receive your green card. Here are some common times depending on your circumstances:

Married to a U.S. citizen and living inside the U.S.: 10 to 13 months

Married to a U.S. citizen and living outside the U.S.: 11 to 17 months

Married to a green card holder and living inside the U.S.: 29 to 38 months

Married to a green card holder and living outside the U.S.: 23 to 32 months. 

Can I Work While Waiting on a Decision on My Adjustment of Status Application?

You can work while waiting for your decision if you meet certain requirements. For example, if you came to the United States through a work visa, you could continue to work if the visa is still valid. If you came to the United States on a different visa, you might be able to get a work permit. You should file Form I-765, officially named “Application for Employment Authorization,” to receive a work permit . If USCIS approves your application, you can legally get a job. 

What Are Some Tips To Keep in Mind While Considering Adjustment of Status to a Marriage Green Card?

As you are considering adjusting status to a marriage green card, keep in mind that you can request an extension for your B-1 or B-2 visa. If you have a six-month visitor visa, you can request an additional six months to stay in the country. You should file for an extension or adjustment of status before your current visitor visa expires. It is important to ensure you don’t overstay your visa and become unlawfully present. 

You can also consider using a K-1 visa instead of a B-1 or B-2 visa if you have not yet married your spouse, but you will be traveling to the United States for your wedding. The K-1 visa is for foreign citizens who want to travel to the United States to marry their U.S. citizen fiancé. It allows you to apply for a green card after marriage without leaving the United States. In addition, the K-1 visa can help prevent further suspicion about your intentions when applying for adjustment of status.

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• Tourist Visas

Change green card to visitor visa

By gagews January 14, 2016 in Tourist Visas

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11 posts in this topic

Recommended posts, gagews   1.

My ecuadorian wife has problem with approval for visitor visa.

I recently submitted papers for green card, which should not have problems for approval.

Once approved will use visa for border pass to come to USA on vacation for her. However, would prefer visitor visa.

There is a process to abandon her green card. I don't want her to loose green card until after she receives visitor visa.

Is it possible?

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Darnell   8,478

with a current green card, a human not need a tourist visa.

with that said,

a uscitizen spouse in the usa is a great basis for adjusting status once a tourist visa holder is in the usa,

and the Vice-Consuls are trained to deny a tourist visa if'n this exact condition exists.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case ! Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

Thanks for the reply. With the green card, she can travel to the USA for a few times on vacation, if between the 6-12 month period, then they will probably cancel her green card.

I believe she can abandon her green card and at the same time request a visitor visa at the US embassy in Ecuador?

Avery Cates   1,141

My ecuadorian wife has problem with approval for visitor visa. I recently submitted papers for green card, which should not have problems for approval. Once approved will use visa for border pass to come to USA on vacation for her. However, would prefer visitor visa. There is a process to abandon her green card. I don't want her to loose green card until after she receives visitor visa. Is it possible?

Seems easy to me. A green card isn't for living outside of the US, so abandon the green card and apply for a B-2.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

Boiler   43,550

Visitor visa to visit the US.

GC to permanently reside in the US.

With a GC also subject to US taxes and things like ObamaCare.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Thanks. Since she is unable to receive visitor visa, using GC so that she can visit. However, not a permeant solution. I am hoping after a visit and returning to Ecuador she can bring card to Embassy and exchange it for visitor visa. It is that I don't want her to forfeit GC without guarantee that she will receive visitor visa. Because if not, she could be without both visas.

I am hoping after a visit and returning to Ecuador she can bring card to Embassy and exchange it for visitor visa.

I suggest you do more research, and soon.

I've not heard or read of this 'exchange' process. The hurdle I described earlier will still exist, even after she turns in or abandons her green card.

Shiobhan   235

There is no exchange process but a GC holder can turn in a GC to embassy

when they decide they want to stay in home country and request a visitors visa

there is no guarantee but very very likey because there is no immigrant intent

she would be doing the correct thing.

Thanks. I am more concerned about guarantee that she will walk out of the Embassy with either a GC or tourist visa. If she goes into the Embassy and before signing to abandon GC, they approve visitor visa, that would be ideal. I don't want her to loose GC, then deny visitor. If they are unable to approve tourist visa, we will use the GC to make yearly vacation trips to the USA. I am guessing around 3 trips before GC is canceled by port authority.

A GC holder would not be able to obtain a visitor visa.

Yes since they have no need of one. Best to abandon and then apply for a Visitor Visa.

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Change of Status from Visitor Visa to Green Card

Home » Green Cards » Change of Status from Visitor Visa to Green Card

Do you want a change of status from a visitor visa to a green card? If so, this guide can help. We explore common barriers to change of status and why officials deny applications. 

Who Can Change Status from a Visitor Visa to a Green Card? 

Several categories of people on non-immigrant visitor visas can change their status to green cards, including those on B-1 and B-2 visas. 

B-1 and B-2 visas are for people visiting the U.S. temporarily to conduct business, attend conferences, receive medical treatment, enjoy a vacation, or settle a relative’s estate. 

Holders of these visas cannot study or go to school. Rules also forbid them from working or entering the country with the sole purpose of obtaining permanent residency. 

However, if you intended to stay temporarily when you entered the US on a B1 or B2 visa and then find someone special and get married, this can make you eligible for a green card. 

The key is to prove that your original intent wasn’t to gain permanent residency. In order to prove this properly and avoid a lengthy and expensive denial, its best to work with an experience immigration attorney from the start of your adjustment of status application.

How to Change Your Status from Visitor Visa to Green Card?

Changing your status from visitor visa to green card requires filling out an application form. Most applicants use Form I-485 to adjust their status, but you may need others, depending on your circumstances. 

(A qualified immigration attorney can provide you with advice). Applicants must then pay a fee and wait for USCIS to process their paperwork.

Common Reasons The USCIS May Deny Your Application

While many people successfully change their visa status from B1 or B2 to permanent residency, there are several barriers to be aware of.

Being Unable to Prove Intent

The green card process differs whether you are in or out of the US when you apply. Processing times, work rights and where you live during processing differs. The process from inside the US is called Adjustment of Status while the process from outside the US is called Consular Processing.

Someone outside of the US who is eligible for green card may think entering the US on a B1 or B2 visa and then applying for a green card is a great way to stay in the US while their green card application processes. 

This is incorrect. You cannot use a B1 or B2 visa in order to go through the Adjustment of Status process instead of Consular Processing.

B-1 and B-2 visas are single-intent visas. Therefore, U.S. officials insist you only travel to the country for the reasons stated on the visa (and no others). 

If USCIS believes you used them with the intent of becoming a permanent resident, they can deny your application and you could potentially face an immigration ban for using a B1 or B2 incorrectly.

That is why we always recommend working with an experienced immigration attorney when doing a change of status from a visitor visa to a green card. 

They will advise if it is the best path for you to use and ensure you have all the right evidence to prove you had the correct intent when entering the United States.

H-1B and L-1 work visas are “dual intent” visas. With these, you can intend to become a permanent U.S. resident when you apply for them. 

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With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.

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Not having the right documents.

• Marriage certificate 
• Financial records
• Birth certificate
• Original visitor visa
• Proof of “strong ties” to your home country for your B1/B2 visa
• Evidence that you are in a “bona fide” marriage

Failing to Meet Eligibility Requirements

USCIS sets several eligibility requirements that applicants must meet, including financial, health, and criminal history standards. However, failing to meet these requirements is the most common reason why the USCIS may deny your green card application.

To avoid denial, it’s crucial to double-check the eligibility criteria and accurately provide information about yourself and your family members. So, if you are considering applying for a green card, ensure that you meet the eligibility requirements before submitting your application.

Making a Mistake in Your Application 

Officials may also reject your application if you make a mistake on the forms you submit. Entering the wrong date of birth or filing incorrect paperwork can lead to a change of status denial. 

Fortunately, avoiding mistakes on your application is easy. Immigration attorneys can check all the paperwork to ensure you haven’t made any mistakes. 

Having a Criminal Record

Finally, USCIS officials may deny your application if you have a criminal record, even if you meet other eligibility criteria. It’s important to disclose any criminal history on your application and have a detailed explanation for each incident. Depending on the severity of the offense, it may be necessary to have legal representation and provide evidence of rehabilitation or good conduct.

Work With a Lawyer To Change your Status From a Visitor Visa to Green Card

When changing your status, you give yourself the best shot at success when you work with an immigration attorney . Warren Law Firm is experienced with green card approvals from visitor visas. If you’re looking to change your status, schedule a consultation with our team.

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From Tourist to Employee: Changing Your Status to a US Work Visa

Welcome to the blog of I.S. Law Firm, your trusted source for expert guidance on U.S. immigration law. In this article, we will explore the process of changing your status from a tourist visa to a work visa in the United States. If you are currently in the U.S. on a tourist visa and wish to pursue employment opportunities, this guide will provide you with valuable information to navigate the complex immigration system.

First, let’s clarify the difference between a tourist visa (B-2 visa) and a work visa. A tourist visa allows individuals to visit the U.S. for leisure, tourism, or medical treatment but does not permit employment. On the other hand, a work visa enables foreign nationals to work in the U.S. temporarily in a specialized occupation.

Changing your status from a tourist visa to a work visa involves a series of steps and requirements. It is crucial to follow the process diligently to ensure a smooth transition. Here are the key steps involved:

• Identify the Appropriate Work Visa Category: Consult an experienced immigration attorney to determine the most suitable work visa category based on your skills, qualifications, and the job offer you have received. The following are some of the commonly sought-after work visa categories: – H-1B Visa : For professionals in specialty occupations. – L-1 Visa : For intracompany transferees. – E-2 Visa : For investors from treaty countries. – O-1 Visa : For individuals with extraordinary ability in sciences, arts, education, business, or athletics. – J-1 Visa : For exchange visitors in specific programs, including internships and research scholar positions. – T.N. Visa: For Canadian and Mexican professionals under the North American Free Trade Agreement (NAFTA).
• Secure a Job Offer: To change your status to a work visa, you must obtain a job offer from a U.S. employer. The employer must be willing to sponsor you by filing a petition on your behalf.  
• Employer Files a Petition: Your prospective employer must file Form I-129, Petition for a Nonimmigrant Worker , with the United States Citizenship and Immigration Services (USCIS). This petition serves as a request to employ you and demonstrates that you meet the requirements of the specific work visa category.  
• Supporting Documentation: Along with the petition, you and your employer must submit supporting documentation, such as educational qualifications, employment history, and proof of specialized skills or expertise.  
• Approval of Petition: If your petition is approved, you can proceed with the change of status process. If it is denied, you may explore alternative options or address any issues raised by USCIS to rectify the situation.  
• Application for Change of Status: Once the petition is approved, you can apply for a change of status using Form I-539, Application to Extend/Change Nonimmigrant Status . This form allows you to request a change from your current B-2 visa status to the desired work visa status.  
• Supporting Documentation for Change of Status Application: When submitting your application, including all required supporting documents, such as a copy of your Form I-94, Arrival/Departure Record , passport, the employer’s petition approval notice, financial documentation, and any additional forms or evidence specific to your work visa category.  
• Biometrics Appointment and Interview: In some cases, USCIS may require you to attend a biometrics appointment to provide fingerprints, photographs, and a digital signature. Additionally, you may be called for an interview to assess the legitimacy of your application.  
• Decision on Change of Status Application: After reviewing your application, USCIS will make a decision regarding your change of status request. If approved, you will receive a new Form I-94 reflecting your updated status. If denied, you may need to explore other options or consult an immigration attorney to address any concerns USCIS raises.

Changing your status from a tourist visa to a work visa is a multi-step process that requires careful preparation, attention to detail, and compliance with immigration regulations. To navigate the complexities of U.S. immigration law successfully, it is advisable to seek professional guidance. At I.S. Law Firm, we have a team of experienced immigration attorneys who can provide personalized assistance tailored to your specific circumstances. Schedule a consultation with us today by visiting this link: Schedule a Consultation – I.S. Law Firm, PLLC . Our dedicated team is ready to assist you throughout the change of status process and help you achieve your career goals in the United States.

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B-1/B-2 Visa to Green Card: A Guide in Changing Status

Adjustment of status from B1/B2 Visa to Green Card is done through family-based immigration, employment-based immigration, or investment-based immigration. Family-based immigration grants a Green Card to B-1/B-2 Visitors who are sponsored by their US citizen relatives. Employment-based immigration changes the B1/B2 Visa to Green Card through employer sponsorship. Investment-based immigration is done through the EB-5 Visa Program which grants permanent residence to qualified foreign investors. B-1/B-2 Visa holders get Green Cards by investing a minimum amount in a U.S. business to qualify for the EB5 Program. The investment must lead to at least 10 full-time jobs for Americans. 

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How to Change Status from B-1/B-2 Visa to Green Card?

Applying for a Green Card with a B-1/B-2 Visa can be complicated because of your nonimmigrant intent during the B1/B2 application process. You need to prove that your decision to apply for Green Card happened during your stay in the US and not before obtaining your B-1/B-2 Visa. We have examples below where it is possible to change a B-1/B-2 Visa to a US Green Card without violating nonimmigrant intent.

• The first example is a foreign citizen entering the U.S. on a B-2 Visa to visit his/her U.S. citizen spouse. During the application for the B2 Visa, the foreign spouse only intended to visit their US citizen spouse for a short period. The foreign spouse got an approved B-2 Visa but the U.S. citizen spouse became sick during the foreign spouse’s visit and needed to be taken care of. The foreign spouse decided to apply for a Green Card to permanently stay and take care of the US citizen spouse. 
• The second example is a foreign citizen on B-1 Visa who was offered an employment opportunity in the U.S. during their visit. The U.S. employer was willing to sponsor the foreign citizen’s Green Card so he/she can be permanently employed in the United States. 

It is recommended that you follow the 90-day rule when applying for a Green Card from B1/B2 Visa. The 90-day rule is used as a guideline by the U.S. Citizenship and Immigration Services (USCIS) to determine whether you violated your nonimmigrant status. Doing any of the following within 90 days of your entry into the US means that you violated the conditions of the Visitor Visa.

• Engaged in unauthorized employment.
• Enrolled in an unauthorized course of study without the appropriate student visa.
• Married a U.S. citizen or lawful permanent resident.
• Filed a Green Card application.

The 90-day rule does not automatically mean a successful Green Card application. Following the 90-day rule prevents any complications and issues when you do decide to apply for a Green Card on Visitor Visa. 

There are three ways for changing a B-1/B-2 Visa to Green Card. The first is through Immediate Relative and Family-based Immigration Visas wherein a US citizen or permanent resident sponsors the foreign citizen’s Green Card. The second is through Employment-based Immigration Visas wherein a US employer petitions a foreign worker to be employed permanently in the US. The third is through the EB-5 Immigrant Investor Program where the B1/B2 Visa holder can get a Green Card without sponsorship. The EB-5 Program requires a minimum investment that creates at least 10 full-time jobs for Americans. The next section discusses the procedures for changing status from Visitor Visa to Green Card.

1. B-1/B-2 Visa to Green Card through Immediate Relative and Family-Based Immigration Visas

Immediate Relative and Family-based Immigration Visas are granted to the foreign fiancé(e)s, spouses, children, parents, or siblings of U.S. citizens and Green Card holders. 

Below is the process of going from B1/B2 Visa to Green Card if you are related to a US citizen or lawful permanent resident.

• Filing Form I-130, Petition for Alien Relative to the U.S. Citizenship and Immigration Services (USCIS).
• Filing Form I-485, Application to Register Permanent Residence or Adjust Status to obtain a Green Card if you are in the US.
• Filing DS-260, Immigrant Visa Electronic Application if you are outside the US. 

2. B-1/B-2 Visa to Green Card through Employment-based Immigration Visas

Employment-based Immigration Visas grant Green Cards to foreign citizens who are permanently employed in the US. There are different types of Employment-based Immigration Visas. The EB-1 Visa is for persons with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C). The EB-2 Visa is for professionals with advanced degrees (EB-2A), persons with exceptional ability (EB-2B), and persons with a National Interest Waiver (EB-2C). The EB-3 Visa is for skilled workers, professionals, and unskilled workers. You can get a Green Card if you qualify for the EB-1 Visa, EB-2 Visa, or EB-3 Visa.

There are 4 steps to go from B1/B2 Visa to Green Card through employment immigration.

• Find a U.S. sponsoring employer. 
• Obtaining labor certification from the Department of Labor. A labor certification proves that there is no available qualified American to fill the job position. Applicants for the EB-1A Visa and EB-2C Visa do not need to have a labor certification or sponsoring employer. 
• Filing Form I-140, Immigrant Petition for Alien Worker to the USCIS.
• Getting your Green Card. 
• Accomplishing DS-260, Immigrant Visa Electronic Application if you are outside the US (Consular Processing).
• Filing Form I-485, Application to Register Permanent Residence if you are within the US (Adjustment of Status).

3. B-1/B-2 Visa to Green Card through the EB-5 Immigrant Investor Program

The EB-5 Visa Program is an immigrant visa that allows foreign citizens to gain permanent residence through investment. B-1/B-2 Visa holders do not need to have sponsorship when applying for the EB-5 Visa. Minimum investment in a US business that leads to at least 10 full-time jobs for Americans is the main requirement of the EB5 Visa Program .

Here are the 4 steps for changing from B-1/B-2 Visa to Green Card through investment. 

• File Form I-526, Immigrant Petition by Alien Investor to the USCIS.
• Fill out DS-260 if you are outside the US.
• File Form I-485 if you are residing in the US.
• Submit Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status to gain lawful permanent residence. 

How Long Does the B-1/B-2 Visa to Green Card Take to Process?

The average processing time from a B-1/B-2 Visa to Green Card is 18 to 30 months. The total duration of application depends on the type of visa you applied for, the priority date for your country, and the service center. The process of getting a Green Card is longer for applicants from India and China who are experiencing over 10 years of delay in the application. 

When Can You Apply for Green Card After B-1/B-2 Visa?

The recommendation is to apply for a Green Card from B-1/B-2 Visa from the 91st day onward of your arrival to the US. Following the 90-day rule even when applying outside the US (consular processing) avoids conflicts on nonimmigrant intent when transitioning from B-1/B-2 Visa to Green Card. 

What are the Special Considerations for B-1/B-2 Visa?

You need to consider the following when changing a B1/B2 Visa to Green Card.

• Extending your B-1/B-2 Visa . You can apply for an extension for your Visitor Visa which adds another 6 months to your stay in the US. Filing for an extension gives you more time to process an adjustment of status to Green Card from Visitor Visa.
• Maintaining B1/B2 status . Traveling repeatedly on B1/B2 Visa while married to a U.S. citizen or permanent resident can cause problems in the future. The length of time between your visits and your ties to your home country are significant factors in your admittance to the US. Getting a Green Card instead of keeping your B-1/B-2 Visa removes this complication and allows you to travel more easily within and outside the US.
• Applying for a K Visa . The K Visa is a nonimmigrant visa category for the eligible fiancé(e)s, spouses, and children of US citizens. K Visas allow for dual intent and can be used to apply for permanent residence. Obtaining a K Visa instead of the B1/B2 Visa simplifies your Green Card application as an immediate relative of a US citizen.

What are the Benefits of Obtaining a Green Card from B-1/B-2 Visa?

Obtaining a Green Card from B1/B2 Visa gives you the following benefits as a permanent resident.

• Live and travel anywhere in the US . You are allowed to stay indefinitely in the US as a Green Card holder. Lawful permanent residence is valid for 10 years and can be renewed unlimitedly. You can travel outside the US and maintain permanent residence if you return within a year. 
• Get federal benefits . You are eligible for social security, medical assistance, and educational assistance upon getting a Green Card.
• Work and study in the US . You and your dependents can work and study in the US without restrictions. Your children are eligible for lower tuition rates in US academic institutions. 

Can My Spouse Visit Me on Tourist Visa?

Yes, the B-2 Tourist Visa can be used to visit family and relatives in the US. The visit is for a maximum of 6 months only. Most foreign citizens apply for a Green Card to permanently live with their U.S. spouses.

What is the B-1/B-2 Visa?

The B-1/B-2 Visitor Visa is a nonimmigrant visa for foreign citizens entering the U.S. for business or tourism purposes. The B-1 Visa is for foreign citizens entering the U.S. to conduct business activities. The B-2 Visa is for tourism, pleasure, recreation, and visiting family and friends in the US. A combined B-1/B-2 Visa allows for both business and tourism activities in the US.

How Does the B-1/B-2 Visa Work?

The B1/B2 Visa is used for short-term visits of foreign citizens in the United States. These are the only activities allowed for B1/B2 Visitor Visa holders.

B1 Visa holders

• Negotiating and signing contracts.
• Attending business meetings, conventions, and exhibits.
• Conducting independent research.
• Consulting with business associates. 
• Selling estates.

B2 Visa holders

• Attending family or school reunions.
• Attending events hosted by family or friends (wedding, graduation, engagement).
• Visiting recreational resorts. 
• Touring the US.
• Participating in cultural, musical, or sports events without receiving payment. 
• Getting medical treatment. 
• Enrolling in short recreational courses that do not lead to a degree. 

The validity of the B-1 Visa and B-2 Visa varies per country. Citizens of Papua New Guinea get Visitor Visas that are valid for 1 month while citizens from China, India, and Mexico get 10-year Visitor Visas. The actual maximum period of stay in the US on a B-1/B-2 Visa is 6 months. Foreign citizens are allowed multiple entries to the U.S. as long as their Visitor Visas remain valid. 

B1/B2 Visa holders are not allowed to work or study during their stay in the US. B1/B2 Visa holders must prove nonimmigrant intent upon application. Having nonimmigrant intent means that you do not intend to apply for permanent residence while on a nonimmigrant status in the US. 

Accessibility

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• May 6, 2024

Compliance status

We firmly believe that the internet should be available and accessible to anyone, and are committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability.

To fulfill this, we aim to adhere as strictly as possible to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. These guidelines explain how to make web content accessible to people with a wide array of disabilities. Complying with those guidelines helps us ensure that the website is accessible to all people: blind people, people with motor impairments, visual impairment, cognitive disabilities, and more.

This website utilizes various technologies that are meant to make it as accessible as possible at all times. We utilize an accessibility interface that allows persons with specific disabilities to adjust the website’s UI (user interface) and design it to their personal needs.

Additionally, the website utilizes an AI-based application that runs in the background and optimizes its accessibility level constantly. This application remediates the website’s HTML, adapts Its functionality and behavior for screen-readers used by the blind users, and for keyboard functions used by individuals with motor impairments.

If you’ve found a malfunction or have ideas for improvement, we’ll be happy to hear from you. You can reach out to the website’s operators by using the following email

Screen-reader and keyboard navigation

Our website implements the ARIA attributes (Accessible Rich Internet Applications) technique, alongside various different behavioral changes, to ensure blind users visiting with screen-readers are able to read, comprehend, and enjoy the website’s functions. As soon as a user with a screen-reader enters your site, they immediately receive a prompt to enter the Screen-Reader Profile so they can browse and operate your site effectively. Here’s how our website covers some of the most important screen-reader requirements, alongside console screenshots of code examples:

Screen-reader optimization: we run a background process that learns the website’s components from top to bottom, to ensure ongoing compliance even when updating the website. In this process, we provide screen-readers with meaningful data using the ARIA set of attributes. For example, we provide accurate form labels; descriptions for actionable icons (social media icons, search icons, cart icons, etc.); validation guidance for form inputs; element roles such as buttons, menus, modal dialogues (popups), and others. Additionally, the background process scans all of the website’s images and provides an accurate and meaningful image-object-recognition-based description as an ALT (alternate text) tag for images that are not described. It will also extract texts that are embedded within the image, using an OCR (optical character recognition) technology. To turn on screen-reader adjustments at any time, users need only to press the Alt+1 keyboard combination. Screen-reader users also get automatic announcements to turn the Screen-reader mode on as soon as they enter the website.

These adjustments are compatible with all popular screen readers, including JAWS and NVDA.

Keyboard navigation optimization: The background process also adjusts the website’s HTML, and adds various behaviors using JavaScript code to make the website operable by the keyboard. This includes the ability to navigate the website using the Tab and Shift+Tab keys, operate dropdowns with the arrow keys, close them with Esc, trigger buttons and links using the Enter key, navigate between radio and checkbox elements using the arrow keys, and fill them in with the Spacebar or Enter key.Additionally, keyboard users will find quick-navigation and content-skip menus, available at any time by clicking Alt+1, or as the first elements of the site while navigating with the keyboard. The background process also handles triggered popups by moving the keyboard focus towards them as soon as they appear, and not allow the focus drift outside of it.

Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

Disability profiles supported in our website

• Epilepsy Safe Mode: this profile enables people with epilepsy to use the website safely by eliminating the risk of seizures that result from flashing or blinking animations and risky color combinations.
• Visually Impaired Mode: this mode adjusts the website for the convenience of users with visual impairments such as Degrading Eyesight, Tunnel Vision, Cataract, Glaucoma, and others.
• Cognitive Disability Mode: this mode provides different assistive options to help users with cognitive impairments such as Dyslexia, Autism, CVA, and others, to focus on the essential elements of the website more easily.
• ADHD Friendly Mode: this mode helps users with ADHD and Neurodevelopmental disorders to read, browse, and focus on the main website elements more easily while significantly reducing distractions.
• Blindness Mode: this mode configures the website to be compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack. A screen-reader is software for blind users that is installed on a computer and smartphone, and websites must be compatible with it.
• Keyboard Navigation Profile (Motor-Impaired): this profile enables motor-impaired persons to operate the website using the keyboard Tab, Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

Additional UI, design, and readability adjustments

• Font adjustments – users, can increase and decrease its size, change its family (type), adjust the spacing, alignment, line height, and more.
• Color adjustments – users can select various color contrast profiles such as light, dark, inverted, and monochrome. Additionally, users can swap color schemes of titles, texts, and backgrounds, with over 7 different coloring options.
• Animations – epileptic users can stop all running animations with the click of a button. Animations controlled by the interface include videos, GIFs, and CSS flashing transitions.
• Content highlighting – users can choose to emphasize important elements such as links and titles. They can also choose to highlight focused or hovered elements only.
• Audio muting – users with hearing devices may experience headaches or other issues due to automatic audio playing. This option lets users mute the entire website instantly.
• Cognitive disorders – we utilize a search engine that is linked to Wikipedia and Wiktionary, allowing people with cognitive disorders to decipher meanings of phrases, initials, slang, and others.
• Additional functions – we provide users the option to change cursor color and size, use a printing mode, enable a virtual keyboard, and many other functions.

Browser and assistive technology compatibility

We aim to support the widest array of browsers and assistive technologies as possible, so our users can choose the best fitting tools for them, with as few limitations as possible. Therefore, we have worked very hard to be able to support all major systems that comprise over 95% of the user market share including Google Chrome, Mozilla Firefox, Apple Safari, Opera and Microsoft Edge, JAWS and NVDA (screen readers), both for Windows and for MAC users.

Notes, comments, and feedback

Despite our very best efforts to allow anybody to adjust the website to their needs, there may still be pages or sections that are not fully accessible, are in the process of becoming accessible, or are lacking an adequate technological solution to make them accessible. Still, we are continually improving our accessibility, adding, updating and improving its options and features, and developing and adopting new technologies. All this is meant to reach the optimal level of accessibility, following technological advancements. For any assistance, please reach out to

Can My Parent Adjust Status From B-2 Tourist to Green Card?

#Adjustment Of Status

Adjustment of status is a legal procedure that allows non-nationals in the US to adjust their visa status to lawful permanent resident status ( Green card holder). This is beneficial for anyone who is on a visitor visa to directly apply for a green card without having to exit the US and go back to their home country to start their process to be a green card holder. if you are outside of the US, you will have to obtain your visa through consular processing

Immigration processes are complex and time-consuming. A little professional guidance can help you save money and time. Seek out counsel from the Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.

Can I Apply For Adjustment of Status On a Tourist Visa?

The short answer to your query is that ‘ Yes, you can’. However, you have to fulfill the conditions laid down below.

#US Immigration Law

Certain conditions need to be met to become a lawful permanent resident in the US while on a tourist visa as per Section 245(a) of the Immigration and Nationality Act (INA).

Section 245(a) of the NLA applies to visitors on a tourist visa or any other non-immigrant visa, and it is dependent on the fulfillment of the following conditions;

• You must have been cleared and admitted into the US after being inspected by an immigration customs and border patrol of the US, who admitted you into the country for 6 months.
• Adjustment of status application must be filed appropriately.
• You must prove that you are physically present in the US.
• You are eligible to apply and receive an immigrant visa.
• You are eligible for a lawful permanent resident status or eligible for a visa waiver program, or any other sort of relief. This could be through a US employment authorization, a family member who is a US national or hold permanent residence through refugee status, or asylum which was granted at least a year before the status adjustment application process.
• Upon a successful final decision on your visa status application, an immigrant visa must be immediately available.
• If you have entered the US on a fiance visa ( K-1), you must marry the person you petitioned to marry within 90 days of your visa validity. You should consult an experienced immigration attorney   if you married after the 90-day deadline, it might be possible to fall into an exception.
• To file under section 245(a) as an asylum seeker or a refugee, the applicant must have stayed in the US for at least a year since either their asylum was granted or were admitted as a recognized refugee.
• You are INELIGIBLE if you entered the US as a TWOV ( foreign national crewman in transit.

#Exceptions

If you do not fall into any of the categories mentioned above, here are some possible exceptions you can fall into and have a successful claim for a lawful permanent residence in the US

• A relatively lenient approach has been taken regarding immediate relatives ( including children, spouses, or parents of the US nationals. This is subject to the fact that these family members did not fraudulently use the visa to obtain a US green card after arriving in the country. These family members may apply for a green card through adjustment of the status application even after an unlawful presence in the United States.
• VAWA self-petitioners who have filed a Form- I-360 or are filing it on grounds of an abusive relationship with a permanent resident or a US citizen who would have normally petitioned for a green card for them may be exempt from the bar set for ‘adjustment of status application’

Victims of human trafficking or any crimes with a T or U visa status before the US Supreme Court judgment in 2o21 were considered to have a status constituted as ‘ lawful admission to US’ by itself.

Note- Holding a T or U visa is no longer an exception that is valid under this section, and the limitation is imposed in all states of the US.

Let us put our skills to work for you. We can analyze your case, identify the available options, and help you decide the safest, most cost-effective, and quickest route to success. The Herman Legal Group, founded in 1995, can help. It is AV- Rated and has been awarded the designation of “Best Law Firm” by U.S. News & World Report. The firm serves clients nationwide and from around the world.

#Section 245(i) – Special Eligibility Cases

A special category of applicants exists that are eligible to convert their legal visa into a green card if they have lived in the US for several years based on an old law ( Section 245 i) and the LIFE act.

If you meet most of the requirements listed above but are residing in the US through an illegal entry pathway or you have a status violation, you might be able to apply for an adjustment of status upon a fine of 1000 dollars. The following are required to be proved.

• Labor certification application or immigrant visa petition that was filed before 30th April 2001 (including I-140, I-130, I-360, or I-526) and,
• If the petition was filed on any date between 14th January 1998 and 30th April 2001, it is mandatory to prove your presence in the US on the 21st December 2000

You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Sit down with the Herman Legal Group, experienced immigration lawyers, and let them analyze the facts and come up with the best legal strategy.

Steps For ‘Adjustment of Status’ to convert your Parent’s Visa from B-2 to a Green card.

Looking to start the process to change the status of your parent’s B-2 visa into a green card? Follow these steps

1. Check whether you are eligible to apply for a green card

It is important to see which immigrant visa type you fall under and whether you meet the eligibility criteria for that particular type of visa. The requirement for adjustment of status is different for each type.

2. File an immigrant visa petition.

Most applicants need to at least fill and submit two forms ( immigration petition and green card application, they can be allowed to file themselves in some cases but usually it is filed by the sponsor or the petitioner. Fill out the I-130 form if you want to change the visa status of an alien relative or a family member

• Form I-130, Petition for Alien Relative

3. Confirm Visa Availability

Check out the Visa availability for your category through the Visa Availability and Priority Dates page as you cannot file Form I-485 until a visa is available in your category. Other helpful resources for visa availability are the Adjustment of Status Filing Charts and the Visa Bulletin .

4. Fill The Form I-485

After confirming the eligibility for adjustment of status, you may file a Form I-485 if you are residing in the US.

please note if you are applying to change the status of your visa to a lawful permanent residence under Section 245(i) of INA, you must complete Form I-485 Supplement A, Adjustment of Status Under Section 245(i) alongside form I-485.

5. Appear for your Application Support Centre Appointment

After successful submission of Form I- 485, an appointment notice will be dispatched via mail to your address. You will be called to a Local Application Support Centre ( ASC) to provide fingerprints, pictures, and signatures for record-keeping. These checks are done to confirm identity and run background checks.

6. Check your adjustment status.

The next step is to relax and wait for your adjustment of status response.   check your case status online  or call USCIS Contact Center  at 800-375-5283.

Let us help you take the stress and anxiety over the immigration process. Contact the Herman Legal Group. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.

What is the 90-day rule?

When a parent enters the US with a B-2 visa (visitor visa), they have a non-immigrant status as it was legally declared that the intention was to visit for a temporary stay and return within a certain time period.

When you apply for permanent residence, it may give an impression that the visitor or tourist visa for just a pathway to enter the US and you had no intention to leave. US Citizenship and Immigration Services ( USCIS) officers have the right to refuse your green card application if they find your intentions to be dubious.

All visitors including the parents of a US national should not file for a status adjustment to a green card within 90 days of arriving in the US, it weakens your case and increases the risk of application rejection as USCIS officers assume that temporary visa holders purposely misrepresented and had the intention to convert the visa into a green card, which could result in rejection by the immigration officer. It is suggested that you wait for the initial 90 days period to lapse and then start your green card application process.

Seek out counsel from the Herman Legal Group, a US immigration firm with over 25 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.

#An Exception to The 90 Day Rule

As mentioned above, an application to become a green card holder should be moved after 90 days of arrival to the US to minimize the risk factor. A lenient approach seems to be taken by the USCIS officers in cases involving immediate relatives (including parents of a US national), the 90 days seems not to be applied in this case, as evident by the Matter of Battista and the Matter of Cavazos.

#A Practical Example

James is a 50-year-old Spanish Citizen who came to the US to visit his daughter ( US national) and her family in the US on a B-2 Visa ( tourist visa). James only planned to stay temporarily for the summers and go back to Spain after that.

However, the summers were pleasant and James want to stay as a permanent resident with his daughter. His daughter applies for an adjustment of status before 90 days were passed since James’ entry into the country.

Based on the 90-day rule, the application might be rejected for the dubious intention of James while entering on a tourist visa. However, the 90-day rule is not applicable to alien relatives and James will likely be granted a green card.

Frequently Asked Question about Adjustment of status – Visitor Visa to Green Card

#Can I work while waiting on a decision on my Adjustment of Status application?

You are allowed to continue working in the US while waiting for an adjustment of status if you have a valid work visa. You may file an Employment Authorization Form (I-765) along with an application for ‘Adjustment of Status’ and if that is approved, you are legally allowed to find a job and work in the US.

#How Much Does it Cost to File an Adjustment of Status Application?

The filing fee for the I-485 application form is currently priced at 1140 dollars, plus a fee of 85 dollars for a biometric process for applicants aged between 14-79 years.

However, it is always recommended to check the updated filing fees from the USCIS website, which is changed periodically. All the applications without the exact filing fee will not be entertained.

#How Long Does it Take to Adjust Status to “Permanent Resident”?

Due to the adverse effects of the pandemic (COVID -19), the average time of response is between a year to a year and a half in all Jurisdictions.

#Do You Need to Talk to a Lawyer About Change of Status From a Visitor Visa to a Green Card?  

Adjusting status is a strenuous process that takes a lot of time. It is therefore suggested to hire an immigration attorney to help ease the process, a rejection would deprive you of the chance to bring your parents as lawful permanent residents in the US and would waste a lot of time.

The Herman Legal Group , founded in 1995, can help. The law firm is AV-Rated and has been awarded the designation of “Best Law Firm” by U.S. News & World Report. The firm serves clients nationwide and from around the world.

At Herman Legal Group, Your Future Matters Most Call now to request a consultation

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Transforming Tourist B1/B2 Visa to Green Card: Is it Possible?

Today we will embark on an exploration of a question that often swirls in the minds of many who come to the United States with a B1 or B2 visa: "Can I transition from a B1/B2 visa to a green card?" This might seem like stepping through a magical portal into a world of permanent residency and unlimited opportunities, but is it really possible? Buckle up as we break down this complex subject and dive into the realms of immigration law and policies.

The B1/B2 Visa: A Brief Overview

Before we get ahead of ourselves, let's set the stage by defining what a B1/B2 visa is. The B1 and B2 visas are non-immigrant visas granted by the U.S. to foreign citizens. B1 is primarily for business-related visits (meetings, conferences, etc.), while B2 is for pleasure, tourism, or medical treatment. These visas are usually granted for a period of 6 months or less, but extensions are possible under specific circumstances.

Now, let's get back to the magical portal analogy and see how, or if, you can transition from this temporary status to permanent residency, also known as obtaining a green card.

The Transition: A Complex Pathway

Here's the truth right upfront – yes, it's possible to transition from a B1/B2 visa to a green card, but it's not a straightforward process. It's like a game of chess where you must know the rules, have a strategy, and anticipate challenges. There are legal pathways to change your status, but they often require precise timing, careful planning, and meeting specific criteria.

Family-Sponsored Green Cards

If you are an immediate relative of a U.S. citizen – such as a spouse, unmarried child under the age of 21, or parent (if the U.S. citizen is over 21) – you could potentially apply for an adjustment of status to become a permanent resident while in the U.S. This adjustment of status involves filing Form I-485 with the U.S. Citizenship and Immigration Services (USCIS).

However, it's critical to remember that the intent matters. If you entered the U.S. with a B1/B2 visa intending to apply for a green card, this could be seen as "visa fraud" because these are non-immigrant visas, and your initial intent should align with that.

Employment-Based Green Cards

Another pathway is the employment-based green card. If you have unique skills, education, and work experience, you could be sponsored by a U.S. employer for a green card. However, remember that the process is complex, time-consuming, and might require you to change your visa status to a dual intent visa like H1-B before adjusting to a green card.

Diversity Visa Lottery

The U.S. Department of State runs the Diversity Immigrant Visa Program, also known as the Green Card Lottery. It allows 50,000 randomly selected people from countries with low immigration rates to the U.S. to become permanent residents. If you're in the U.S. on a B1/B2 visa and win the lottery, you could adjust your status.

The Reality Check: Potential Challenges

While the prospect of moving from a B1/B2 visa to a green card is enticing, it's important to have a reality check. It's a journey filled with paperwork, waiting periods, potential denials, and legal complexities.

Visa Fraud Concerns: The U.S. immigration law takes the concept of "intent" very seriously. If you entered the U.S. with a B1/B2 visa intending to immigrate permanently, that could be perceived as visa fraud.

Status Violations: Overstaying your B1/B2 visa or violating your status in other ways could lead to deportation and/or a ban from re-entering the U.S.

Denials and Delays: Immigration applications could be denied for various reasons, and administrative processing could lead to long delays.

The Safe Bet: Consult an Immigration Attorney

Navigating U.S. immigration law can be as intricate as finding your way through a maze. It's highly advisable to consult with an experienced immigration attorney who can provide guidance based on your specific circumstances. They can help clarify your options, assist with the paperwork, and provide counsel throughout the process.

The Bottom Line: It's a Journey

So, is it possible to transition from a B1/B2 visa to a green card? Yes. Is it easy? Certainly not. But with the right knowledge, careful planning, and perhaps professional legal assistance, it's a journey you can embark on. Like any great voyage, it may be fraught with challenges and unexpected twists and turns, but the destination could well be worth it. Happy traveling!

I hope this article has shed some light on your path towards American residency. Stay tuned for more insights into U.S. immigration, travel, and life.

Disclaimer: The information provided in this blog post does not constitute legal advice and should not be construed as such. Always consult with a qualified immigration attorney for any legal advice related to your situation.

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How to Change Status From a B-1/B-2 Visa to a Marriage Green Card

What you need to know about getting married while on a business or tourist visa, in this guide.

• The Differences Between Adjustment of Status and Consular Processing
• What the 90-Day Rule Means for B-1/B-2 Visitor Visa Holders
• Two paths to a green card
• Traveling with a pending green card application
• What happens after your green card is approved
• Special Issues
• Related Information

How to Get a Green Card If You’re On a Visitor Visa

If you’re visiting the United States for business or pleasure on a B-1/B-2 visitor visa and you recently married a U.S. citizen or green card holder (permanent resident), you can apply for a marriage visa to live with your spouse in the United States.

As a B-1/B-2 visitor, you could potentially apply for a green card from within the United States, a process known as “ adjustment of status ” (AOS). You can also apply from your home country using consular processing . In this guide we’ll cover both options to help you determine the best approach, and to avoid common pitfalls that could affect your green card application.

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Marriage-based green cards can be issued either through Adjustment of Status (for applicants already in the United States) or consular processing (for applicants outside the United States). The visa application processes are similar in many ways, but there are also important differences between the two. Learn more about these two options with our in-depth guide .

Whatever path you take, applying for a green card is a momentous decision. At Boundless, we take your immigration needs just as seriously as you do, and we’re here to help you every step of the way. Learn more about what Boundless can do to help.

Figuring out whether to use AOS or consular processing can be complicated, and making the right choice will depend on your personal situation. It’s especially important to understand that while B-1/B-2 visa holders can sometimes use AOS to apply for a green card, they may face extra scrutiny when they do so.

That’s because when you enter the United States on a B-1/B-2 visa, you’re declaring your intention to return home before your period of admittance expires. If you instead remain in the United States and begin the AOS process, you could find yourself quizzed over whether you misrepresented your intentions when you first entered the country. If a USCIS officer decides you deliberately lied, they could reject your green card application and revoke your temporary visa.

To avoid that situation, it’s important to understand the 90-day rule used by USCIS officers . This guideline states that temporary visa holders who file a green card application within 90 days of arriving in the United States are presumed to have “willfully misrepresented” their intentions.

USCIS officers can decide for themselves whether you misrepresented your intentions, so you may still be able to convince them that you were truthful. Still, it’s best to avoid triggering such scrutiny in the first place. Waiting 91 days or more after your most recent entry before filing your green card application can help ensure your application proceeds smoothly.

As a B-1/B-2 visa holder, your route to a marriage green card will differ depending on whether your spouse is a U.S. citizen or a green card holder.

Let’s look at both pathways in more detail:

Path 1: If you’re married to a U.S. citizen

If you’ve married a U.S. citizen and plan to apply for a green card via Adjustment of Status , you’ll follow the same procedure used by most other spouses living in the United States and married to a U.S. citizen .

You and your spouse will first need to file the following forms — typically at the same time (filing these separately is an option but would be unusual in most cases):

• The family sponsorship form — or Form I-130 (officially called the “Petition for Alien Relative”) — to be completed and signed by your spouse who is a U.S. citizen
• The green card application — using Form I-485 (officially called the “Application to Register Permanent Residence or Adjust Status”) — to be completed and signed by you, the B-1/B-2 visitor.

As long as you married your U.S.-citizen spouse “in good faith” — that is, you did not marry for the sole purpose of obtaining a green card, which you’ll need to prove to the U.S. government — you should be able to receive your green card within 5 to 16 months from the time USCIS receives your application package.

Remember, as a B-1/B-2 visitor you’ll also want to make sure you don’t trigger the 90-day rule , which could lead to a determination that you misrepresented your intentions when you first entered the United States.

As a B-1/B-2 visa holder, you also have the option of returning to your home country and completing your green card application via consular processing . In this case, your application will be processed by your local U.S. consulate or embassy. You’ll pay slightly lower fees and typically face a somewhat longer wait before you receive your green card. Read the Boundless guide for spouses living abroad and married to a U.S. citizen for full details on how to complete an application by consular processing.

Path 2: If you’re married to a green card holder

IMPORTANT UPDATE (March 24, 2023):

In the April 2023 Visa Bulletin, the F-2A family-based category, which includes spouses and unmarried children under age 21 of U.S. Green Card holders, experienced a significant change. The “Final Action Dates” for F-2A applications are no longer current due to a backlog of cases, meaning that applications whose priority dates have reached the front of the line and can be adjudicated are no longer valid. However, the “Dates for Filing” for the F-2A category remain current, allowing applicants to file their green card applications. Nevertheless, these applications will not be adjudicated until the priority date becomes current. For Mexican applicants, the “Final Action Date” or priority date has retrogressed to November 1, 2018, and for all other applicants, it has retrogressed to September 8, 2020. As a result, there will likely be a significant increase in wait times for green cards in the F-2A category. We will closely monitor this development and provide updates in our monthly Visa Bulletin report .

If you’ve married a green card holder and plan to apply for a green card via Adjustment of Status , your spouse must file the family sponsorship form , or Form I-130 (officially called the “Petition for Alien Relative”). Once the Form I-130 is approved, you must wait to receive a visa number. Only once your visa number becomes available will you be able to apply for a marriage-based green card . (Visa numbers are immediately available to spouses of U.S. citizens but not to spouses of green card holders.)

The next step depends on whether your visa number becomes available before or after your B-1/B-2 visa expires:

If a visa number becomes available before your visa expires, you will be able to stay in the United States and follow the same green card application process for most other spouses living in the United States and married to a green card holder using Form I-485 (officially called the “Application to Register Permanent Residence or Adjust Status”). Once your marriage-based green card application is approved, your physical green card will arrive.

If a visa number will become available after your visa expires, you will need to leave the United States and use consular processing , following the same green card application process for most other spouses living abroad and married to a green card holder .

You must follow this procedure unless you can secure an extension of your B-1/B-2 visa or get a different type of temporary visa (such as an F-1 student visa) to stay legally in the United States, in which case you must follow the the process for spouses living in the United States and married to a green card holder .

Remember, if your green card holder spouse becomes a U.S. citizen while you are waiting for a visa number, you can switch to the process for spouses of U.S. citizens, as described above, even if you’ve already begun the application process.

If you or your spouse recently became eligible for U.S. citizenship, let Boundless guide you through the naturalization process from start to finish. Answer our 5-minute questionnaire to get started.

The costs for marriage green cards are likely to increase significantly in the coming months, based on USCIS’ new fee increase proposal. Check out Boundless’ USCIS fees guide to see the expected costs and keep up to date on any government changes to filing costs.

If you begin or complete your green card application from your home country using consular processing , you’ll avoid any issues with the 90-day rule . But you could still face scrutiny if you try to visit your spouse in the United States while your application is pending.

That’s because the Customs and Border Protection (CBP) officer you meet upon arrival may decide that your green card application shows your intent to move permanently to the United States. In such a case, your B-1/B-2 visa might be revoked, and you might be denied entry to the country. Make sure you understand the risks and the precautions you can take , before deciding to travel to the United States.

Whatever you do, don’t lie about your intentions, and don’t conceal the fact that you’re married to a U.S. citizen or permanent resident. Doing so could put your green card application at risk.

If you begin your application from the United States using AOS , you’ll need an “advance parole” travel document if you want to travel abroad while your application is pending, even if you still have a valid visitor visa. Make sure you fully understand this process before leaving the country, since your application could be terminated if you slip up.

If you’re used to traveling back and forth between the United States and your home country on a B-1/B-2 visa, it’s important to understand that as a green card holder, you will be expected to permanently leave your home country to live in the United States. Leaving for an extended period, or traveling so frequently that you cast doubt on your U.S. residence, could put you at risk of losing your green card.If you don’t plan to live in the United States permanently after being issued a green card, you might want to reconsider your options — or to postpone your application until you are ready to permanently relocate.After maintaining your green card for 5 years (or 3 years, if you married a U.S. citizen) you’ll be eligible for U.S. citizenship. Read  Boundless’ guide  for more information on the naturalization process.

B1/B2 visa overstay

If you overstay on your B1/B2 visa — in other words, remain in the United States past the expiration date on your visa — you could be barred from re-entering the U.S. in the future.

If you overstay and you’re married to a U.S. citizen, your period that you overstayed would be waived, and you can generally follow Path 1 outlined above.

If you overstay for less than 180 days and you’re married to a green card holder, you’re permitted to leave the U.S. and apply for a green card from abroad, using consular processing. Or, if your green card holder spouse becomes a U.S. citizen before you depart the U.S., you can typically remain in the country and apply to adjust your status using Path 1 above.

Don’t forget your B-1/B-2 visa extension

If you’re on a 6-month visitor visa, you may be able to request an additional 6-month extension to your stay without leaving the country. It’s best to file either an extension or AOS request before your current visitor visa expires to ensure you don’t fall out of status. If you do wind up slipping out of status, check with a lawyer before leaving the country to make sure you understand the implications for your green card application.

Need guidance on your B-1/B-2 visa? With Boundless, you get personalized application and interview support from an experienced team, ready to answer any questions you may have along the way. Get started on your travel visa today .

Avoid travel trouble

If you’ve already married a U.S. citizen or green card holder, you might be tempted to simply keep using your B-1/B-2 visa instead of seeking a green card, especially if you don’t plan to permanently relocate to the United States. Be aware that CBP officers may be skeptical about your intentions, and could even refuse you entry upon hearing that you’re married to a U.S. citizen or permanent resident. The duration between visits and the strength of your ties to your home country could shape how your case is viewed.

Consider the K visa

If you haven’t yet gotten married, but will be traveling to the United States for your wedding, consider using a K visa instead of a B-1/B-2 visa. The K visa is a dedicated fiance(e) visa that will eliminate any awkward questions about your intentions, and that provides a clear pathway for seeking a green card through AOS, without leaving the United States, after your wedding.

Whatever path you choose, Boundless is here to help. Get started today!

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