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How to Adjust Your Status from a Visitor Visa to a Green Card

Transitioning from a visitor visa to a green card can be a complex process, but it is attainable under specific circumstances. This guide will walk you through the adjustment of status process, eligibility requirements, and the necessary steps to secure your permanent residency, ensuring you have the support of an experienced attorney near you.

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How to Adjust Your Status from a Visitor Visa to a Green Card
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Transitioning from a visitor visa to a green card can be a complex process, but it is attainable under specific circumstances. This guide will walk you through the adjustment of status process, eligibility requirements, and the necessary steps to secure your permanent residency, ensuring you have the support of an experienced attorney near you.
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Learn how to adjust your status from a visitor visa to a green card with our comprehensive guide. Discover eligibility requirements, the step-by-step application process, and common challenges you may face. For personalized assistance, connect with an immigration attorney near you to navigate your adjustment of status application.
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How to Adjust Your Status from a Visitor Visa to a Green Card

If you entered the U.S. on a visitor visa (B-1/B-2) and now wish to stay permanently, you may be wondering if you can adjust your status and obtain a green card. In some cases, individuals can transition from temporary visitor status to lawful permanent residency—but only if they meet strict eligibility requirements.
This guide explains the adjustment of status (AOS) process, who qualifies, and how to apply for a green card while remaining in the U.S.
 
💡 For every post in this series, scroll down to “Related Posts.”

Can You Adjust Status from a Visitor Visa to a Green Card?

Yes, but only under specific circumstances. While a visitor visa (B-1/B-2) is meant for temporary stays, certain situations allow visitors to apply for adjustment of status (AOS) without leaving the U.S.

You May Be Eligible for Adjustment of Status If:

  • You marry a U.S. citizen while in the U.S.
  • You qualify for an employment-based green card and your employer sponsors you.
  • You win the Diversity Visa Lottery while in the U.S.
  • You have an immediate relative (U.S. citizen spouse, parent, or child over 21) who can sponsor you.
  • You apply for asylum or another humanitarian-based green card category.

You Are NOT Eligible If:

  • You entered on a Visa Waiver Program (ESTA) (except in rare marriage cases).
  • You worked illegally while on a visitor visa.
  • You committed visa fraud (e.g., entering as a visitor with the pre-planned intent to stay permanently).
  • You overstayed your visa (unless married to a U.S. citizen or applying for asylum).
For more details on transitioning visas, see How to Transition from a Tourist Visa to a Work Visa.

Step-by-Step Guide to Adjusting Status from a Visitor Visa to a Green Card

If you are eligible, here is how to apply for adjustment of status while staying in the U.S.:

Step 1: Determine Your Eligibility for a Green Card

  • If married to a U.S. citizen, you can apply immediately.
  • If applying for an employment-based green card, your employer must sponsor you.
  • If you qualify under family sponsorship, you must ensure that a visa is available.
To explore family-based options, see The Family-Based Green Card Process: How to Sponsor Your Loved Ones.

Step 2: File Form I-130 (If Required for Family Sponsorship)

If applying through a spouse or immediate family member, your sponsor must submit Form I-130 (Petition for Alien Relative) to USCIS.
  • Processing time: 6 months – 1 year.
  • If married to a U.S. citizen, you can file I-130 and I-485 together (concurrent filing).
  • If married to a green card holder, you must wait for visa availability before proceeding to the next step.

Step 3: File Form I-485 (Adjustment of Status Application)

Once eligible, file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. This is the main application for obtaining a green card without leaving the U.S.

Documents Required for I-485:

  • Copy of I-130 approval receipt (for family sponsorship).
  • Proof of lawful U.S. entry (I-94 travel record).
  • Passport & visa copy.
  • Marriage certificate (if applying through marriage).
  • Medical exam (Form I-693) from a USCIS-approved doctor.
  • Financial sponsorship (Form I-864) from a U.S. sponsor (for family-based cases).

Step 4: Apply for a Work Permit (Optional)

While your green card application is pending, you can apply for work authorization using:
  • Form I-765 (Application for Employment Authorization) – Allows you to work while waiting for approval.
  • Form I-131 (Advance Parole Travel Document) – Allows you to travel internationally and return without voiding your application.

Step 5: Attend Your Green Card Interview

Most applicants must attend an adjustment of status interview at a USCIS office.
What Happens at the Interview?
  • The officer reviews your application and asks questions.
  • If applying through marriage, you and your spouse may be interviewed separately to confirm a bona fide marriage.
  • If approved, you receive a green card in the mail within 1-2 months.
For details on marriage interviews, see Green Card Through Marriage: Process, Requirements, and Timeline.

Processing Times for Adjustment of Status

Green Card Category
Processing Time
Marriage to U.S. Citizen (Immediate Relative)
8-12 months
Marriage to Green Card Holder (F2A Category)
1-2 years
Employment-Based Adjustment
8-18 months
Asylum-Based Green Card
1-3 years

Common Challenges & How to Overcome Them

1. Did You Misrepresent Your Intent When Entering the U.S.?

If you entered the U.S. on a B-1/B-2 visa but intended to stay permanently, USCIS may view this as fraud. To avoid complications:
  • Wait at least 90 days before filing for a green card.
  • Be honest in your adjustment of status application.

2. Visa Overstay Issues

  • If married to a U.S. citizen, an overstay does not impact your green card application.
  • If applying through an employer, you must have maintained legal status.

3. Public Charge Rule & Financial Sponsorship

  • You must show you will not rely on government assistance by submitting Form I-864 (Affidavit of Support).
  • If your sponsor does not earn enough, a joint sponsor may be required.

4. USCIS Processing Delays

  • Check USCIS processing times and prepare all documents correctly to avoid delays.
  • Consider premium processing (if applicable for employment-based cases).

Can You Travel While Adjustment of Status Is Pending?

No, unless you apply for Advance Parole (Form I-131).
  • If you leave the U.S. without advance parole, USCIS may consider your application abandoned.

Does Adjustment of Status Lead to U.S. Citizenship?

Yes! Once you receive your green card, you can apply for U.S. citizenship through naturalization:
  • 3 years after obtaining a marriage-based green card.
  • 5 years after receiving a family-based or employment-based green card.

Final Thoughts

Adjusting your status from a visitor visa to a green card is possible under the right circumstances, but the process requires careful planning, documentation, and legal compliance.
If you need guidance on your adjustment of status application, ReferU.AI can connect you with a trusted immigration attorney near you to help navigate your case. Take the next step toward permanent residency today!

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