Many foreigners ask themselves: Can I change of status from a visitor visa to a Green Card? In this blog we answer this and other questions regarding emigration to this country.
Our immigration lawyers in Los Angeles, California, are experts in the field and can help you explore the legal options available to you based on your scenario.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case
Table of Contents
How to Change of status from a visitor visa to a Green Card In 2025
You may be able to adjust your immigration status after entering the United States on a tourist visa.
However, the support of a family member is essential to carry out this process. Therefore, through a family petition, you can regularize your immigration status as long as your entry into the country was legal.
There are several categories and options that may allow you to obtain lawful permanent residence, depending on your family relationship and other circumstances. We will explain each of these below.
Options for arranging paperwork in the United States if I entered with a tourist visa
To change of status from a visitor visa to a Green Card , you must meet certain requirements and follow a rigorous process.
- A close relative files a petition on your behalf using Form I-130.
- When the petition is approved you can apply for adjustment of status.
It is important to note that you must wait at least 90 days before starting your application, so as not to raise suspicions that your entry with a tourist visa was intended to stay.
Note: The tourist visa is a non-immigrant visa. This means that it is for temporary visits and not for staying. If you intend to do so, it could result in the rejection of your visa or worse, facing the consequences of unlawful presence in the US.
Now, below we will detail some of the ways on how to legally stay in the United States.
Process through Relatives
Spouses, unmarried children under 21 years of age, and parents of US citizens are generally eligible to change their status while in the US on a tourist visa.
These family members are considered immediate relatives and visas are available to them. For example, if an American citizen files a petition for his mother who is visiting the US, she can apply for a Green Card if she meets the requirements.
Adjustment of status based on employment
Although it is not common for someone who is in the US on a tourist visa to apply for an adjustment of status for employment purposes, such a petition is possible.
For example, if an applicant has extraordinary abilities and qualifies under the EB-1 visa category, they could obtain a Green Card.
However, in both cases, it is advisable to consult with one of our immigration attorneys to evaluate the options and determine the best path to follow.
Switching to a business visa
If you have a job offer in the US., your employer can apply for a work visa, such as an H-1B or L-1.
These visas allow foreign workers to reside in the country legally while performing a specific job.
Note: You cannot work with a tourist visa, but you can apply for a business visa. Before doing so, please call us and we will help you with this process.
Request asylum or refuge
If you are in the US and fear returning to your home country due to persecution, you may apply for asylum. On the other hand, if you are outside the US, you may be able to apply for refugee status.
Other visas
You can also explore other visa options, such as a student visa or an EB-5 investor visa.
Likewise, if you have been the victim of certain crimes in the US, you may be eligible for immigration relief. Similarly, if you are a young immigrant, you may be eligible for Special Immigrant Juvenile Status.
Who can change their status from visitor visa to Green Card?
Many foreign nationals with visitor visas can change their status to a Green Card.
While those who initially entered with temporary intentions and then married may qualify for adjustment of status, they may be able to obtain lawful permanent residence directly.
It should be noted that to avoid possible marriage fraud in the United States , couples must complete a series of marriage-based Green Card interview questions.
What happens if I stay in the US longer than allowed on a tourist visa?
Staying in the United States beyond the time allowed by the Department of Homeland Security and being out of status is a violation of the country’s immigration laws.
This may result in you being ineligible for a visa in the future and you being prevented from returning to the US. Additionally, you may be at risk of being deported from the country.
What documents are needed to stay legally in the United States?
In order to legally remain in the United States, it is necessary to submit a series of important documents depending on the process you are using. These documents usually include the following:
- Form I-130;
- Proof of legal status of the sponsor;
- Birth certificate of the beneficiary;
- Form I-485;
- Two passport-sized photographs of the beneficiary;
- Form I-864;
- Form I-693;
- Marriage certificate (if applicable);
- Official medical examination results;
- Criminal record or letter from the police (if necessary);
- Proof of relationship with the sponsor;
- Documentation of financial or employment support.
Collecting these documents is essential to the process of regularizing your immigration status in the United States.
What happens if I enter the United States with a tourist visa and get married?
If you enter the United States on a B-2 tourist visa and decide to get married, it is possible to do so. This is because there are no restrictions preventing visitors from getting married in the country.
However, if you entered with the clear intention of getting married and staying permanently, this could be considered fraud. To avoid problems, you must show that your visit was for legitimate purposes and that the decision to marry arose after your entry into the US.
By showing that you did not intend to remain in the country upon entry, you will be able to adjust your status and apply for lawful permanent residence after marriage.
Who can arrange my paperwork in the United States if I entered with a tourist visa?
To fix your immigration status in the United States after entering with a tourist visa, it is crucial that a close relative files a petition on your behalf. The options are:
- Lawful permanent residents: May petition for their spouses and unmarried children of any age.
- US citizens: Have the ability to file a petition for spouses, children, parents, and siblings.
The waiting time to obtain residency varies depending on the type of petition and the family member who requested it. To verify the exact priority date, it is recommended to consult the Visa Bulletin issued by the Department of State on a monthly basis.
How long can I stay in the United States with a tourist visa?
Generally, foreigners with a tourist visa in the United States can stay for a maximum of 180 days, or 6 months. However, they can extend this duration if they meet the necessary requirements.
Those under the Visa Waiver Program (VWP) can stay in the US for up to 90 days.
How to apply for a tourist visa extension?
To apply for an extension of your US tourist visa, you must follow these steps:
- Request the extension before the authorized period on your Form I-94 or permit expires.
- Complete and file Form I-539 with USCIS.
- Include your original Form I-94 and explain the reasons why you need to extend your stay.
- Calculate the applicable fee by selecting Form I-539 and your current status from the appropriate USCIS menu.
Please note that if your tourist visa has expired, you cannot renew it or extend its validity while you are in the U.S.
Frequently asked questions on the Change of status from visitor visa to Green Card
How long will it take to get my paperwork done if I entered the United States with a tourist visa?
The time it may take to get your paperwork sorted after entering on a tourist visa varies depending on your case, but it can generally take several months.
In fact, there are several factors such as the number of cases handled by immigration authorities and the complexity of your particular situation. Therefore, it is important to be prepared for possible delays.
What can I do if I am not eligible to Change of status from visitor visa to Green Card?
If you are not eligible to fix your paperwork with a tourist visa, it is important to explore other options.
For example, you might consider applying for a work visa, a student visa, or another available legal alternative.
To determine which option is best for you, it is advisable to consult with one of our immigration attorneys at Lluis Law.
Are there legal risks when trying to change my visa status?
Attempting to change your visa status usually carries certain legal risks. As a result, violations of immigration laws can bring severe penalties, such as deportation or being barred from re-entering the United States.
How much does it cost to file an application for adjustment of status?
The current cost to file an application for adjustment of status using Form I-485 is $1,440. However, minors under 14 years of age will receive a reduced fee of just $950.
It is important to check the USCIS website for current fees before applying, as they may change.
Do I need to speak to a lawyer in order to Change of status from visitor visa to Green Card?
If you are in the US on a tourist visa, at Lluis Law we can help you evaluate whether you are eligible to adjust your status to lawful permanent resident.
Contact us today to schedule a consultation. We will review your case and provide you with the best advice for your scenario, whether you are seeking an adjustment of status based on a family-based petition, employment-based petition, or any other available category.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case
