Can You File for a Green Card While on a Tourist Visa?

For many visitors, a short trip to the U.S. can spark something bigger. Maybe you reconnected with family, built a relationship, or simply felt like this is where your future should continue. It’s not uncommon for tourists to wonder: Can I apply for a green card while I’m still here?

At Dell’Ome Law Firm, we work with individuals in Virginia Beach and throughout Hampton Roads who are navigating this exact situation. If you’re visiting on a B-1/B-2 visa and considering legal permanent residence, it’s important to move carefully and legally.

Free Consultation

A person speaking with a U.S. Customs and Border Protection officer at an airport arrivals counter

Intent at the Time of Entry Matters

U.S. immigration law looks closely at your intent when you entered the country. If you arrived on a tourist visa with the intention of applying for a green card, your application could be challenged or even denied. However, if your circumstances genuinely changed while here—such as entering into a good faith marriage to a U.S. citizen—you may be eligible to adjust your status.

Indian Immigrant family meeting with an immigration attorney in a law office

Adjustment of Status May Be Possible

In many cases, those who qualify for family-based immigration can file for adjustment of status without leaving the country. Immediate relatives of U.S. citizens—including spouses, parents, and unmarried children under 21—may apply for a green card while remaining in the U.S. This can be a strategic move for those eligible, but only if done correctly and with attention to timing.

A calendar, B-2 tourist visa, and a green card application partially overlap on a desk

The 90-Day Rule Can Trip You Up

If you apply for a green card within 90 days of entering the U.S. on a tourist visa, U.S. Citizenship and Immigration Services (USCIS) may presume you misrepresented your intentions at the border. This is not an automatic denial, but it raises red flags that can delay or damage your case. A family based immigration attorney can help you assess the right course of action if you’re within that window.

Newlyweds holding hands while sitting with an immigration lawyer

Marriage to a U.S. Citizen Isn’t a Shortcut

While marrying a U.S. citizen is a common path to legal permanent residence, the government carefully reviews these applications for fraud. Be prepared to show documentation proving the relationship is legitimate. For those pursuing a green card for parents or other family members, the process involves a different set of rules and wait times.

If you leave the country after filing an adjustment of status, you might trigger a denial or risk not being allowed back in. Advance parole is required in most cases before traveling while your application is pending. Before making any plans, speak with an attorney who handles adjustment cases regularly.

Our team serves clients across Hampton Roads with a focus on honest advice, clear direction, and thorough legal support. If you’re wondering whether now is the right time to apply for a green card, reach out to schedule a consultation.

Let’s talk before you make your next move.

Free Consultation

Tags: legal permanent residence family based immigration attorney green card for parents