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 visitingon a tourist visa if you meet certain specific requirements, discussed in more detail below.
U.S. immigration law(under section 245(a) ofthe 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 towork with an immigration lawyeronadjustment of statusapplications 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 maybe 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 statusonce 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
FAQs
How can I change my status from visit visa to green card? ›
- Determine if you are eligible to apply for a Green Card. ...
- You or someone else must file an immigrant petition for you (if applicable) ...
- Check visa availability (if applicable) ...
- File Form I-485. ...
- Go to your Application Support Center appointment. ...
- Go to your interview (if applicable)
The entire adjustment process may take 8 to 14 months for most applicants. The most important thing you can do to ensure the best processing times is to submit a complete and thorough application package. You may not need a lawyer, but you need CitizenPath to help you get the best processing time on USCIS forms.
Can you apply for green card while on visitor visa? ›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.
Can I apply for green card while on B2 visa? ›A B1 visa and B2 visa do not grant permanent resident status — they are temporary visas – but the holder can apply for a green card.
Can I go to US with as a tourist and then change my status? ›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 ...
Can I stay in the US while waiting for change of status? ›The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).
What documents are needed for adjustment of status? ›- Form I-485.
- Two passport-style photos.
- I-94 travel document.
- I-797 approval receipt of your nonimmigrant visa.
- A copy of your Employment Authorization Document, if you have one.
- A copy of your Form I-693 medical examination results, if necessary.
Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...
How much does it cost to adjust status? ›| If You Are… | Form Fee | Total |
|---|---|---|
| Under 14 and not filing with the Form I-485 application of at least one parent | $1,140 | $1,140 |
| Age 14–78 | $1,140 | $1,225 |
| Age 79 or older | $1,140 | $1,140 |
| Filing Form I-485 based on having been admitted to the United States as a refugee | $0 | $0 |
The Form I-485 processing time ends when you receive your permanent residence. This usually takes 8 to 14 months after filing. If your application is approved, USCIS will mail your green card to you shortly after your adjustment of status interview.
Can I get married on a tourist visa to a US permanent resident? ›
The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
Can I convert US tourist visa to work permit? ›B-1 and B-2 visa holders are not authorized to seek any form of employment within the United States. They are also unable to earn credit for any studies done in the country. However, they may have an employer petition for them to convert to H-1B status if the requirements are met.
Can I travel while waiting for green card interview? ›The good news is that there are ways to travel outside the U.S. legally while your green card application is pending. If you need to leave the country while waiting on your green card, you can request a travel document from the USCIS.
Can I travel to the US while waiting for my green card interview? ›U.S. Citizenship and Immigration Services (USCIS) doesn't explicitly forbid green card applicants from traveling while waiting for their adjustment of status application to be processed.
Who is eligible for adjustment of status? ›Generally, to be eligible to file for adjustment of status within the United States, a foreign national must have an immigrant petition filed on their behalf either by a US citizen (USC) or Legal Permanent Resident (LPR) qualifying relative (USCIS Form I-130 Petition for Alien Relative) or employer (USCIS Form I-140 ...
Can I travel while change of status is pending? ›A. Traveling while a change of status petition is pending.
The foreign national should not travel outside of the U.S. while a change of status petition is pending. A change of status, as the name implies, asks USCIS to change the person's status from A to B (for example F-1 to H-1B).
Change of Status Within the United States. Important points to know: Processing with USCIS can take 6 to 12 months plus mailing time or longer depending on USCIS processing times. While the application is pending you may not leave the United States.
How long does it take to change nonimmigrant status? ›In recent years, USCIS processing time has been an average of 19 months; this average may vary. You may visit USCIS Processing Times for current averages; select “Form I-539,” “Change of Status to F or M Student of J Visitor,” and either “Texas Service Center” (apply by mail) or “Potomac Service Center” (apply online).
Does change of status require interview? ›All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a case-by-case basis.
Can change of status be denied? ›Generally, foreign nationals must be in a lawful status in order to adjust status. Depending on the basis on the I-485 application, USCIS may deny the application if the intending immigrant overstays a visa or never had a lawful status.
How can I speed up my immigration process? ›
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).
Is Adjustment of Status difficult? ›Adjustment of status applications can be complicated, but working with a good immigration attorney can make it easier. If you can't afford the attorney fees and don't want to handle your green card adjustment of status case alone, we may be able to help.
Is Adjustment of Status easy? ›Adjustment of status may be easier but it can take longer than consular processing. The USCIS offices are very busy and you could wait between 8 to 14 months before you get your Green Card. A small price to pay though, considering you get to stay with your friends and family in the U.S.
What happens if you don't file adjustment of status? ›If you don't file your AOS before the medical expires you will need to have another medical exam. If you arrived on a K-1 visa you will not be able to get back into the U.S. should you leave the country for some reason until you have either your green card or the Advance Parole document.
Can a green card holder be denied entry to us? ›The same is true for lawful permanent residents: you generally cannot be denied entry to the United States, but declining to answer questions may result in delay or further inspection. Refusal by non-citizen visa holders and visitors to answer questions may result in denial of entry.
Can I apply for U.S. citizenship after 3 years of green card? ›You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a US citizen.
Can a green card holder go to USA after 3 years of not visiting? ›Keeping a Valid Entry Document
A green card (Form I-551, Permanent Resident Card) is not valid to reenter the U.S. if you have been abroad for 1 year straight or more. You can plan ahead to avoid problems by applying for a reentry permit.
USCIS charges an "immigrant fee," to cover the expense of creating your green card. As of 2022, that immigrant fee was $220. You have to pay the USCIS immigrant fee online.
Do I need a lawyer for I-485? ›Options for Preparing Form I-485
For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don't need a lawyer.
Once this is over, the adjustment of status processing time will usually take between 6 months and 12 months from the day you file your I-485 to the day you receive your approval (or denial) notice.
Is USCIS approving I-485 without interview? ›
It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen. To properly explain this, we must first clear up a common misconception.
Will USCIS speed up in 2022? ›USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months.
How long does it take to get green card after Biometrics 2022? ›For example, after your biometric screening, scheduling a Green Card interview may take from several months to several years. Green Card renewal, in turn, may take 6-10 months after providing your biometric data. To check the status of your Green Card application: Visit the USCIS website.
What happens if I get married in the US on a tourist visa? ›The rule holds that travelers who get married during their first 90 days in the United States pose a higher risk of visa fraud. If you want to stay off immigration officials' radar, avoid the 90-day rule by postponing the wedding until at least three months after the foreigner enters the United States.
Can I be deported if I am married to a U.S. citizen? ›Contrary to popular opinion, marriage to a US citizen does not preclude someone from being deported. Marrying a US citizen can pave the road to a green card and ultimately naturalization, but until you become a naturalized US citizen you may be deported in certain circumstances.
How long does it take to get a green card after marriage 2022? ›Citizen Spouse I-130 Processing Time as of August 2022
This will kick off the marriage-based green card timeline, which would take anywhere between 9-36 months once USCIS has everything they need.
- Determine if you are eligible to apply for a Green Card. ...
- You or someone else must file an immigrant petition for you (if applicable) ...
- Check visa availability (if applicable) ...
- File Form I-485. ...
- Go to your Application Support Center appointment. ...
- Go to your interview (if applicable)
Conversion application can be done online, through the official website of the Indian Bureau of Immigration. The form should include details including the current visa number, country of issue, expiry date, contact information, etc. Post the online application, a physical application should be given to the FRO/FRRO.
Can I stay in the U.S. after my tourist visa expires? ›As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired. The status does not end when the visa expires.
Should I travel while my green card application is in progress? ›In summary, there is really no downside to applying for a travel document at the same time you submit your green card application, so you should do so even if you don't have any specific travel plans.
Can I travel while applying for green card? ›
While you are waiting for your application for permanent residence (Form I-485) to be processed, you must be careful about traveling outside the United States. If you don't receive permission to travel before your trip, you might inadvertently cancel your permanent residence application.
Can I fly while my green card application is processing? ›If you submit the Form I-131 with your green card application and it is approved by the USCIS you are essentially authorized to travel in and out of the US while your green card is being processed.
How long is the wait for green card interview? ›In many cases, it can take at least 7-12 months to get an interview scheduled, but you may have a longer wait depending on your situation.
What happens if I stay more than 6 months outside US with green card? ›An absence from the United States for a continuous period of 1 year or more (365 days or more) during the period for which continuous residence is required will automatically break the continuity of residence.
How much is the fee for adjustment of status? ›| If You Are… | Form Fee | Total |
|---|---|---|
| Under 14 and not filing with the Form I-485 application of at least one parent | $1,140 | $1,140 |
| Age 14–78 | $1,140 | $1,225 |
| Age 79 or older | $1,140 | $1,140 |
| Filing Form I-485 based on having been admitted to the United States as a refugee | $0 | $0 |
USCIS recommends that you apply as soon as you determine that you need to change to a different nonimmigrant classification. If USCIS denies your application, be prepared to leave the United States when your current status expires.
Can an immigration judge adjust status? ›When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485, instead of USCIS. A judge may not evaluate an adjustment of status application in the same way that USCIS would evaluate it under normal circumstances.
Can you change visitor visa to work permit? ›Yes, it is possible. But, the process is quite tricky and won't work for the majority of the cases. To change the status of your visitor visa to a work permit, you need to follow this step-by-step guide.
Can I stay in the U.S. while waiting for green card? ›Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...
How long do you have to stay in the U.S. to get a green card? ›A minimum of 30 months spent in the US within the last five years (or 18 months within three years if married to a US citizen) Residence in the same state or county for at least three months prior to applying.
How can I change my visa status? ›
File a Form I-539, "Application to Extend/Change Nonimmigrant Status," with USCIS. Not all nonimmigrant classifications are eligible to change to student status. Read the instructions carefully to ensure that your nonimmigrant classification is eligible for a change of status.
Can I convert my visitor visa to work visa in USA? ›The answer is yes, you can, but should you? A change of status means a change in your intention. For example, when you obtain a visa and enter the USA, you would have expressed to the US government your intention of a brief visit. The change in such intention can be construed to be deliberate and preconceived.
Can you get in trouble for working on a tourist visa? ›Hiring people without a permit or with a tourist status is more fraught with repercussions for the employer with a fine of around $900. And in case the employer does this intentionally, and repeatedy (Pattern and Practice), a criminal case may be initiated.
Which country can you easily change visitor visa to work visa? ›Estonia. Estonia is known for its high rate of accepted work visa applications, making it the easiest country to obtain a work visa.
Can I travel while my adjustment of status is pending? ›Can you travel during this period? Generally speaking, adjustment applications will need to obtain an advance parole document in order to travel outside the U.S. while their Form I-485 (the application for a Green Card, or adjustment of status) is pending.
What is the fastest way to get a U.S. green card? ›If you're a close relative to a U.S. citizen or a green card holder, they can petition for you to obtain legal permanent residency. This option is the fastest and most popular path to getting a green card.
How can I speed up my green card process? ›You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).
What documents are needed for change of status? ›visa stamp and passport ID pages showing identity and expiration date. documents related to their current status (e.g. I-20 for F-2, DS-2019 for J-2, I-797 approval for H-4) marriage certificate (spouse) birth certificate (child)
How long does visa status change take? ›Change of Status Within the United States. Important points to know: Processing with USCIS can take 6 to 12 months plus mailing time or longer depending on USCIS processing times. While the application is pending you may not leave the United States.
Can I apply for change of status online? ›Applying for a change of status application depends on your nonimmigrant status. For a complete list of categories, read the Form I-539 Instructions. You may file your Form I-539 online or by paper.