Can I Get a Green Card if I Entered the U.S. on a Tourist Visa?

Entering the United States on a B-1 or B-2 visa is common for travelers visiting for business or leisure. However, what happens if you decide you want to stay permanently? Can you adjust your status from a visitor visa to a Green Card without leaving the country? The answer is: it depends.

U.S. immigration laws allow some visa holders to apply for lawful permanent residency under certain conditions. However, the process is complex, and it’s crucial to understand eligibility requirements, restrictions, and legal risks.

The Tourist Visa (B-1/B-2) and Its Limitations

The B-1 visa is for business visitors, while the B-2 visa is for tourists. Both are non-immigrant visas, meaning they are intended for temporary stays. When applying, individuals must demonstrate that they do not intend to remain in the U.S. permanently and have strong ties to their home country.

Why Adjusting Status from a Visitor Visa to a Green Card Is Challenging

Since a tourist visa is meant for short-term visits, USCIS scrutinizes applications for adjustment of status to ensure compliance with immigration laws.

If you entered the U.S. on a temporary visa but always intended to stay permanently, this could be considered misrepresentation or visa fraud, which may jeopardize your ability to get a Green Card or re-enter the country in the future.

Who May Be Eligible to Apply for a Green Card After Entering on a Tourist Visa?

While adjusting status from a visitor visa to a Green Card isn’t always straightforward, some visa holders may qualify under specific conditions. Here are the most common paths:

1. Marriage to a U.S. Citizen

If you marry a U.S. citizen after entering the country on a B-1/B-2 visa, you may be eligible to apply for a Green Card through adjustment of status. The spouse of a U.S. citizen is classified as an immediate relative, which allows for a more straightforward process.

• You must file Form I-485 (Application for Adjustment of Status).
• You must prove that the marriage is bona fide and not solely for immigration purposes.
• If you entered the U.S. with the sole purpose of obtaining a Green Card, your application may be denied.

2. Employer Sponsorship and Work Visas

A tourist visa does not allow you to work in the U.S. legally. However, if you receive a job offer from a U.S. employer willing to sponsor you, you may be able to change your status to an immigrant visa category, such as an employment-based Green Card.

• Your employer must go through the PERM labor certification process to show that no qualified U.S. workers are available for the job.
• You may need to leave the U.S. and apply for a work visa before transitioning to a Green Card.

3. Family Sponsorship from a Lawful Permanent Resident or U.S. Citizen

Besides spouses, other family members may sponsor individuals for a Green Card under certain categories:

• Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) can apply for adjustment of status without waiting for a visa to become available.
• Relatives of Green Card holders (permanent residents) may also apply for a Green Card, but they often face longer wait times due to visa availability limits.

4. Seeking Asylum or Special Humanitarian Protections

If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a social group, you may be eligible to apply for asylum. Asylum applicants may later adjust their status to become lawful permanent residents.

Other humanitarian programs include:

• U visas (for crime victims who assist law enforcement).
• VAWA self-petitions (for victims of domestic violence married to U.S. citizens or Green Card holders).
• Special Immigrant Juvenile Status (SIJS) for certain immigrant children in the U.S.

Key Legal Considerations and Risks

Overstaying a Tourist Visa and Unlawful Presence

If you stay beyond the expiration date of your B-1/B-2 visa, you accumulate unlawful presence. This can have serious consequences, including:

• A 3-year or 10-year bar from re-entering the U.S. if you overstay for more than 180 days.
• Ineligibility for certain immigration benefits.

The 90-Day Rule and Misrepresentation

The U.S. Department of State’s 90-day rule states that if a visitor visa holder applies for a Green Card or adjusts status within 90 days of entering, USCIS may assume they misrepresented their original intent. This could lead to application denial or a visa fraud determination.

Leaving the U.S. vs. Adjusting Status

Some applicants may need to consular process their Green Card applications by leaving the U.S. and applying from their home country. However, departing the U.S. after unlawful presence can trigger bars to re-entry.

How to Apply for Adjustment of Status from a Tourist Visa

If you are eligible to apply for a Green Card, here are the basic steps:

1. File Form I-485 (Application for Adjustment of Status).
2. Submit Form I-130 (if applying through family sponsorship).
3. Provide supporting documents (passport, visa records, marriage certificate, employer sponsorship forms, etc.).
4. Attend a biometrics appointment and Green Card interview.
5. Wait for USCIS approval or requests for additional evidence (RFE).

Working With an Immigration Attorney

Navigating the adjustment of status application process can be complex. A qualified immigration attorney can:

• Help you determine if you’re eligible for a Green Card.
• Ensure you file the correct forms and meet all deadlines.
• Represent you in USCIS interviews and address any legal concerns.

Getting a Green Card after entering the U.S. on a tourist visa is possible in specific circumstances, such as marriage to a U.S. citizen, employment sponsorship, or family petitions. However, immigration laws are strict, and attempting to change your status without following proper procedures can lead to serious consequences.

At Holden Law Firm, we understand the challenges of navigating immigration law. If you are considering applying for adjustment of status, contact us today to discuss your options with an experienced immigration attorney who can guide you every step of the way.