Can You Enter USA on Tourist Visa While Green Card?

Yes, it is possible to enter the USA on a tourist (B-2) visa while applying for a green card, but there are important rules and risks to be aware of:

1. Intent Matters

• Tourist visas are for temporary visits for tourism, family, or short-term business.

• If you intend to immigrate (get a green card) at the time of entry, this can be seen as misrepresentation and may lead to denial of entry or visa problems.

2. Entry With a Pending Green Card Application

• If your green card application is filed while you are in the US on a tourist visa, you must not mislead the immigration officer at the port of entry.

• Many people enter the US for legitimate tourism or family visits before their green card petition is approved, but it is safer if:

o Your stay is short-term and clearly for tourism.

o You have strong ties to your home country (job, property, family) to show you plan to return if necessary.

3. Adjustment of Status (AOS)

• If you enter the US legally on a tourist visa and then file for Adjustment of Status (Form I-485) from within the US, it is allowed, but USCIS may scrutinize your initial entry.

• Entering with the pre-planned intent to adjust status can be interpreted as visa fraud, so honesty and timing are critical.

4. Key Risks

• Denial at the port of entry if CBP suspects immigrant intent.

• Possible complications with future visa applications if intent appears misrepresented.

Summary:

• You can enter on a B-2 visa while applying for a green card, but you must maintain temporary visitor intent and be honest with immigration officers.

• Many people use dual intent visas like H-1B or L-1 if they plan to work and eventually get a green card, which avoids this risk.