Change B1/B2 Visa to Permanent Residence in the US

Yes, it is possible to adjust status from a B1/B2 visa (visitor visa) to permanent residence (green card) in the U.S., but there are specific requirements and restrictions. Here's an overview:

Key Pathways to Adjust Status:

1. Family-Based Immigration

o If you have an immediate relative who is a U.S. citizen (e.g., spouse, parent, or unmarried child under 21), they can file a petition (Form I-130) for you.

o You can apply for adjustment of status (Form I-485) while staying in the U.S.

2. Employment-Based Immigration

o If a U.S. employer sponsors you for a green card, they must file a petition (Form I-140) on your behalf.

o Employment-based adjustment requires you to meet eligibility criteria for specific job categories and certifications.

3. Diversity Visa Lottery

o If you win the diversity visa lottery and are in the U.S. on a valid B1/B2 visa, you may apply for adjustment of status.

4. Marriage to a U.S. Citizen

o If you marry a U.S. citizen while in the U.S., you may apply for a green card through marriage.

o Be cautious of ""intent"" issues; marrying solely to obtain a green card can result in visa fraud accusations.

Important Considerations:

1. Intent and Visa Fraud

o B1/B2 visas are issued for temporary visits. Applying for a green card soon after entering may raise questions about your original intent.

o If the intent to immigrate is proven to have existed when you entered on a B1/B2 visa, your application could be denied.

2. Maintaining Status

o Your B1/B2 status must still be valid at the time of filing for adjustment. Overstaying could complicate the process.

3. No Work Allowed

o You cannot legally work in the U.S. on a B1/B2 visa. Working without authorization can harm your green card application.

4. Change of Status to Other Visa Types

o You might also explore changing your B1/B2 visa to a work visa (like H-1B) if eligible, and then pursue a green card.

Steps to Take:

1. Consult an immigration attorney to evaluate your case.

2. Ensure all forms are correctly filled and submitted (e.g., I-130, I-140, I-485).

3. Avoid violating visa terms (e.g., unauthorized work or overstaying).

Adjusting status from a B1/B2 visa is possible but complex. Legal guidance is essential to avoid pitfalls.