Someone from a foreign country who wants to enter the United States must initially acquire a visa, which could be a non-immigrant visa for a temporary tourist visa (visa category B-2) or to enter the United States for business (visa category B-1). If you enter the U.S. on a tourist visa, you may be able to apply for a green card while you are in the U.S. on a tourist visa. While changing your status from B-1 visitor to a Legal Permanent Resident (LPR or green card holder), adjustment of status is a complex process with crucial points to consider.
Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
1. Intent and Misrepresentation:
Entering the U.S. on a tourist visa with the predetermined intention of applying for a green card can be seen as misrepresentation and lead to visa denial.
2. Eligibility Requirements:
Specific eligibility requirements must be met for changing your visa status, such as having a qualifying family member petitioning for you, obtaining employment sponsorship, or meeting the criteria for certain immigrant categories.
3. Adjustment of Status:
The process involves filing an Adjustment of Status application (Form I-485) with USCIS, along with various supporting documents and fees.
4. Processing Time:
Processing times for green card applications can vary significantly, taking months or even years depending on the category and individual circumstances.
Therefore, it’s crucial to seek professional guidance from immigration attorneys before attempting to change your visa status within the U.S. They can assess your specific situation, advise you on the most suitable pathway, and help navigate the complexities of the legal process.
There are certain requirements to file for adjustment of immigration status. These include:
If you are currently residing in the U.S. on a visitor visa and marry a U.S. citizen, you may qualify to receive a green card if your spouse files a petition on your behalf. Foreign spouses of U.S. citizens are considered immediate relatives, and become eligible for an immigrant visa as soon as the foreign national applies for and an immigration officer approves their I-485 (Application for Lawful Permanent Residence). If they meet admissibility criteria and the foreign spouse satisfies all the necessary conditions to transition from a tourist visa to becoming a green card holder, they may receive an adjustment of status.
It’s crucial to seek professional guidance from immigration attorneys before attempting to change your visa status within the U.S. They can assess your specific situation, advise you on the best options for your immigration case and help navigate the complexities of the immigration legal process.
Mario Godoy and the experienced immigration attorneys at Godoy Law Office can assess your immigration application status. With experience in many different types of immigration cases and an understanding of the impact of new and changing immigration regulations, it can be beneficial for you to contact an immigration lawyer today. Please call 630-345-4164.
AREAS WE SERVE: Godoy Law Office Immigration Lawyers helps clients in all 50 states and has 3 offices in the Chicago, Illinois area.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
