Applying for a Green Card in the US as Tourist Visa Holders

Yes, your husband, who is a green card holder (lawful permanent resident) in the U.S., can apply for your green cards (for both you and your son) while you are in the U.S. on tourist visas. This process involves several steps and specific conditions that must be met.

Key Points to Consider:

1. Family Sponsorship (I-130 Petition):

• Your husband must file Form I-130, Petition for Alien Relative, to establish the family relationship between you (and your son) and himself.

• This form can be filed with U.S. Citizenship and Immigration Services (USCIS).

2. Adjustment of Status (I-485 Application):

• Typically, family members of green card holders must wait for their I-130 petition to be approved and for a visa number to become available before they can apply for a green card.

• However, if you are already in the U.S. and a visa number becomes available while you are still in valid status, you may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status.

3. Visa Availability:

• The availability of visa numbers for family members of green card holders can be checked in the Visa Bulletin, which is published monthly by the U.S. Department of State.

• Immediate relatives of U.S. citizens do not have to wait for a visa number, but as the spouse and child of a green card holder, you would need to wait for a visa number to become available under the family preference categories.

4. Maintaining Status:

• It is important to maintain your lawful status in the U.S. while waiting for your green card. Overstaying your visa can complicate the process and potentially lead to a denial of your application.

5. Processing Time:

• The processing time for both the I-130 petition and the I-485 application can vary. You can check the current processing times on the USCIS website.

Steps for the Process:

1. File I-130 Petition:

• Your husband files Form I-130 for both you and your son.

2. Wait for Approval and Visa Number:

• Wait for the I-130 petition to be approved and for a visa number to become available.

3. File I-485 Application:

• Once a visa number is available, you can file Form I-485 to adjust your status to permanent resident while staying in the U.S.

4. Attend Biometrics Appointment:

• Attend a biometrics appointment to provide fingerprints, photographs, and a signature.

5. Interview and Decision:

• Attend an interview if required, and wait for USCIS to make a decision on your application.

Important Considerations:

• Intent: When entering the U.S. on a tourist visa, it’s important not to have the premeditated intent to apply for adjustment of status, as this can be seen as visa fraud. The application should be made in good faith, and the intent to adjust status should arise after entry.

• Legal Assistance: It’s advisable to consult with an immigration attorney to navigate the complexities of the process and ensure that all requirements are met.

Resources:

• USCIS - Form I-130, Petition for Alien Relative

• USCIS - Form I-485, Application to Register Permanent Residence or Adjust Status

• Visa Bulletin

By following these steps and ensuring all requirements are met, your husband can successfully apply for your green cards while you are in the U.S.