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Thousands of people enter the United States every year with a B1/B2 tourist visa and, some time later, wonder if there is a legal pathway to obtain permanent residence, known as a Green Card. The answer is yes, but only if they qualify under an immigration category established by U.S. law.
According to U.S. Citizenship and Immigration Services (USCIS), obtaining permanent residence from within U.S. territory is generally done through the process known as adjustment of status, which allows for applying for a Green Card without having to return to the country of origin to complete the consular process.
However, entering with a tourist visa does not guarantee residence. The person must meet the requirements for a specific immigration category and demonstrate that they were legally admitted to the country, generally through an I-94 record issued by Customs and Border Protection (CBP).
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What is adjustment of status?
USCIS explains that adjustment of status is the procedure by which a person physically present in the United States can apply to become a legal permanent resident using Form I-485, without the need to leave the country for a consular interview.
The agency notes that eligibility depends on the immigration category under which residency is being requested and whether an immigrant visa is available when required by law.
1. Residency through marriage to a U.S. citizen
One of the most well-known paths is marriage to a U.S. citizen.
In these cases, the citizen can file Form I-130 (Petition for Alien Relative) and, if the foreign national meets the requirements, they may also apply for adjustment of status via Form I-485. USCIS considers spouses of U.S. citizens as immediate relatives, a category that usually has visas available without long waiting lists.
It is important that the relationship is legitimate and can be demonstrated with documentary evidence during the immigration process.
2. Residency through a family petition
In addition to marriage, certain relatives can be sponsored to obtain permanent residence.
Family petitions can include parents, children, or siblings of U.S. citizens, as well as certain relatives of permanent residents. The process generally begins with the filing of Form I-130 and is subject to visa availability according to the Department of State's Visa Bulletin.
Depending on the category, wait times can vary significantly.
3. Residency through employment
Another alternative is obtaining a Green Card based on a job offer.
USCIS points out that many workers can access permanent residence through an immigrant petition for a foreign worker, filed using Form I-140. Subsequently, if a visa is available, the beneficiary can apply for adjustment of status.
This path is usually aimed at professionals, specialized workers, multinational executives, outstanding researchers, and investors, among other categories.
4. Residency after receiving asylum
People who receive asylum in the United States can also become permanent residents.
USCIS indicates that an asylee can apply for a Green Card via Form I-485 after meeting legal requirements, including a minimum period of physical presence in the United States following the grant of asylum.
This is one of the main humanitarian pathways to permanent residency.
5. Residency through the Visa Lottery
The Department of State's Diversity Visa Program, popularly known as the "visa lottery," can also open the path to residency.
Each year, up to 50,000 immigrant visas are made available for people from countries with low immigration rates to the United States. Winners who are already legally in the country can apply for adjustment of status with USCIS if they meet all requirements.
What role does Form I-94 play?
CBP notes that Form I-94 is the official entry and exit record that proves the legal admission of many visitors to the United States. This document is often key for those who later seek to adjust their status.
For this reason, travelers should verify that the information on their I-94 is correct and respect the terms of their admission while they remain in the country.
U.S. immigration authorities emphasize that a tourist visa was not created for immediate immigration. Each case is evaluated individually, and eligibility for residency depends on compliance with applicable immigration laws.
For that reason, those who entered on a tourist visa and wish to obtain a Green Card must ensure they have a valid legal basis to apply for adjustment of status and follow the procedures established by USCIS and the Department of State.
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