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Can I change my B2 Visitors Visa to a Permanent Residence?

Discussion in 'B Conversion to Other Status or Conversion from ot' started by maxedout, Jan 13, 2011.

  1. maxedout

    maxedout Registered Users (C)

    Can I do a change of status on my B2 Visitors Visa to a Permanent Residence?

    Thank you.
  2. Concerned4us

    Concerned4us Banned

    It is not likely. What is the basis that you qualify for LPR? Employment? Family?
  3. Triple Citizen

    Triple Citizen Registered Users (C)

    You mean adjustment (not change) of status to PR? That depends. What avenue are you considering for your GC?

  4. maxedout

    maxedout Registered Users (C)

    Yes I meant "adjustment" and I obtained my visitors visa because of my daughter living in states married to a US citizen. She is now a US citizen herself and that is why I wish to do an adjustment on my visitors visa to a PR. Thank you.
  5. BigJoe5

    BigJoe5 Registered Users (C)

    It depends on your situation. What is the timeline for the major events in this situation leading to this point?

    Was your daughter already a USC when you applied for your B "tourist" visa? If yes, did you disclose this? If no, was she in the naturalization process? If yes, did you disclose this? Did the Consular Officer even ask, what did you say? Did you have a foreign residence that you had no intention of abandoning?

    Now, same questions but at time of entry and while talking to the CBP Officer.

    Since you have a foreign residence that you had no intention of abandoning, will you be in a hurry to get advance parole so you can go back and wind things up? Are you prepared to travel back and forth for appointments? Can you afford that? Will you be in a hurry to get a re-entry permit so you can go back for an extended period to wind things up? Had your daughter already filed an I-130 for you or is that being held back for the adjustment filing?

    OR did you already wind things up before you left?

    Did you have a pre-conceived intent to file for adjustment of status when you entered the U.S. as a "tourist"? Was this really a sudden decision? Would it be better for you to go back home and wind things up while pursuing Consular Processing?

    A USCIS Officer will wonder and consider all these things and more to determine if you had to make any misrepresentations in your nonimmigrant process.

    What is your travel history like? Is this your first time to the U.S.? If no, how many times and for how long before this trip? If yes, have you experienced the U.S. long enough to decide that you actually want to live here permanently? Are you sure you want to move here permanently?

    Have you considered the changes in store for you? Giving up the familiar for the unknown? Got to get a new Doctor, dentist, place of worship (if any), learn your way around. Do you drive or will you use public transportation or will you be at the mercy of others? Depending on your situation, will you need to get a new job? Will you be giving up any benefits from the home country? Have you considered the cultural and language challanges? Is there a a community center near where you will live where you can interact with folks from back home OR will you be isolated and home alone most of the time? Will you go from running your own home to living in (or sharing) a room in someone else's home? The I-864 sponsor can only do just so much and legally just has to keep you barely above the poverty level by U.S. standards.

    Is this a decision that you are making for yourself or is someone forcing you into this?

    BOTTOM LINE: As the parent of a USC, you are eligible to file for adjustment of status because you made a lwaful entry. You do not have to file for adjustment immediately just because you can. You will remain eligible to file even after the I-94 expiration date. Take the time to decide if this is something you really want to do right now. If you really want to immigrate, do it if and when and in the way that you want to do it.
    Last edited by a moderator: Jan 17, 2011
  6. maxedout

    maxedout Registered Users (C)

    My daughter was not in any application process of being naturalization when I applied for a B-2 visa. My daughter has not filed an I-130 yet. I am not in the US yet, this will be my 2nd visit to the US after 2 years. I stayed the whole 6 months the first time I visited my daughter.

    I am asking my question of adjustment so I can start the process now before I visit the US or do I have to do the adjustment form when I visit the US? I am definitely weighing in the time factor, which process would be shorter (the I-130 or adjustment). I have no family in India anymore, both of my children are in the US. My son just left India last Friday (he's married to a US resident also). He's in Boston and my son-in-law is in Florida, so the warmer weather is much suitable for me, so I am definitely sure that I do want to move to the US permanently.

    I do have a hearing problem, which I have not seen a doctor in the US for.

    Thank you so much in advance and for all the help.
  7. Triple Citizen

    Triple Citizen Registered Users (C)

    You have already admitted to having immigrant intent. Do yourself a favour and ask your daughter to sponsor you for an immigrant visa. Keep things simple.

  8. maxedout

    maxedout Registered Users (C)

    Thank you, so just have her submit an I-130, correct?
  9. Triple Citizen

    Triple Citizen Registered Users (C)

    Correct, your daughter has to file an I-130 for you.

  10. Concerned4us

    Concerned4us Banned

    The USCIS website has complete instrutions for family based immigration. You daughter will need to begin that process. Since it is against the rules to enter the US on B2 with the intent to adjust status to that of a permanent resident, she will file for consular processing. You will then enter once your green card is granted. Use that time to wind up your affairs at your current home.

    Be advised that obtaining health insurance for an older adult is difficult and expensive. If you are less than the US retirement age of 66 or 67 based on your year of birth, you should plan to get a job which offers health insurance in order to assist them in funding your living expenses in the US. It has the advantages that after 10 years of US work, you will qualify for Social Security and Medicare and a minimal standard of living.

    After you obtain your green card or citizenship, you may sponsor your other child for a green card. The requirements vary by the marital status of your child.
  11. BigJoe5

    BigJoe5 Registered Users (C)

    Yes, just an I-130 now

    Yes, have your USC daughter file an -130 and then when it is approved USCIS will send the file to NVC (National Visa Center). NVC will contact your daughter for her end of paperwork for the I-864, Affidavit of Support.

    NVC will send the file to the Consulate or Embassy that will handle your Visa application process. The U.S. State Department will contact ypou about the forms you need to file. It is a form DS-230. You will be directed to get a Medical Exam and to obtain Police Clearance Letters. It will take antwhere from 4 to 8 months for you to be issued an Immigrant Visa (if there are no unforeseen delays). Once you get a Visa, you will have up to 6 months to travel to the U.S. to activate your Immigrant Status (they stamp your pasport upon entry and will mail you a greencard shortly after that.) If you indicate on your Visa Application form that you want them to arrange for your social security number, thaqt will also be mailed to you shortly afetr arrival.

    It is against the law to enter the U.S. on tourist visa with the plan to file for adjustment because you have to state that you have NO IMMIGRANT INTENT at the time of entry on the tourist visa. That would be a lie (misrepresentation) that would be held against you. It would lead to the adjustment being denied and you being forced to go back home and do the Consular Processing anyway and file an extra form to obtain a waiver for the misrepresentation.

    That is not worth the trouble, the possible ulcer from worry, and the sleepless nights worrying about it.

    Glad you made the effort to explore the right way to proceed before going down a bad path.
  12. maxedout

    maxedout Registered Users (C)

    Yes and I greatly appreciate each and everyone of you who has helped me. May God bless you and your family.
  13. phronesis

    phronesis Registered Users (C)

    ok , i have a B visa, and i would be going to the US in august to study would taking the AOS route be a better option? and how long is the time frame. Thanks
  14. BigJoe5

    BigJoe5 Registered Users (C)

    Exactly what will you be "studying" on a B visa?
  15. phronesis

    phronesis Registered Users (C)

    before you get all smart and smug with yourself , i will be ''STUDYING'' /doing my clinical rotations in Medicine, thank you very much.
  16. Concerned4us

    Concerned4us Banned

    You need an attitude adjustment before you start anything in the US. Arrogance on the part of a guest in the US is not appreciated.

    Since you are so smart, why are you posting to a forum?
  17. BigJoe5

    BigJoe5 Registered Users (C)

    That is the wrong visa classification for that purpose. CBP will put you back on the plane and send your home. Be sure to bring some preparation H if it is a long trip. [Was that smug enough for your liking?]

    People come to this forum for help and very often need to be coaxed to provide sufficient information in order to provide them with useful information. Your rudeness and arrogance to this point shows that you certainly have the ego too often associated with being a physician, let's hope that you have the brilliance that so often goes hand-in-hand with that particular personality flaw.

    You need to do some investigation on the correct visa classification and get a someone to petition/sponsor you for that activity. The activity you have indicated would seem to be under the J-1 classification:

    SEE: http://www.nafsa.org/_/file/_/amresource/9FAM4162N.pdf

    9 FAM 41.62 N4.1 Alien Physician (22 CFR 62.27) (CT:VISA-987; 07-31-2008)

    a. Alien Physician: This category is for foreign national physicians pursuing American medical board certification through graduate education and training at accredited U.S. schools of medicine, or other U.S. institutions through a clinical exchange program.

    b. The Educational Commission for Foreign Medical Graduates (ECFMG) is the only program sponsor authorized to use this category. Foreign medical graduates under this category must successfully complete examinations administered by ECFMG that measure their command of English and the medical sciences.

    c. All foreign medical graduates sponsored in the category of Alien Physician are subject to the 2-year home-country physical presence requirement (see 9 FAM 41.63 Notes).

    d. The maximum duration of the foreign physician category is 7 years, unless an extension of program is authorized by the Department.

    e. Any activities of the foreign national physician must conform fully with the State licensing requirements and regulations for medical and health care.

    f. Exception to ECFMG sponsorship: A foreign physician may be sponsored by a designated sponsor other than ECFMG (e.g., a U.S. university, academic medical center, school of public health, or other public health institution) as a “research scholar” only if the dean of the accredited U.S. medical school or his or her designee certifies the following 5 points and such certification is appended to the Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, issued to the perspective exchange visitor Alien Physician:

    (1) The program is predominantly observation, consultation, teaching, or research;

    (2) Any incidental patient contact will be under the direct supervision of a U.S. citizen or resident-Alien Physician who is licensed to practice medicine in the State in which the activity is taking place;

    (3) The foreign national physician will not be given final responsibility for the diagnosis and treatment of patients;

    (4) Any activities will conform fully with the State licensing requirements and regulations for medical and health care professionals in the State in which the program is being pursued; and

    (5) Any experience gained will not be credited towards any clinical requirements for medical specialty board certification.
    The program sponsor's letter of designation authorizes the use of the Research Scholar category; and the duration of participation as a Research Scholar is limited to 5 years, unless the Department approves a program extension for a G-7-sponsored exchange visitor.

    A waiver for the 2 yr HHR is possible but IF you have some other avenue to immigrate, use it. IF one becomes a J-1 subject to the HHR they cannot adjust status or get an H1-B visa unless they get a waiver or fulfill the 2 years stint back home.
  18. phronesis

    phronesis Registered Users (C)

    Thank you for the fantastic info, but fellow students form my school have been allowed with a B1/B2 visa for clinical rotations. Now my question is and please this goes to anyone out there not specifically 1 person, will it be a hassle changing my status from a B1/B2 visa to that of permanent residence. I would gladly appreciate a reply concerning THIS question. Thank you
    Last edited by a moderator: May 15, 2011
  19. bhscream

    bhscream New Member

    Can I travel with a B2 visitor visa for the months before a H1B visa is due to start?


    I'm from the UK and I am hoping to move to the US next year (2013). I will be aiming for an H1B visa, pursuing a role as a software developer, which I have the appropriate degree for. I will be travelling with my partner who is currently in her final year at university which means she can take part in the BUNAC exchange scheme and therefore get a J1 working visa for the summer months.

    My query is, if I have a H1B visa confirmed to start 1st October 2013, can I travel to the US - in the months before the visa is due to start - on a B2 visitors visa, and then say, hop across to Canada or return home, and then reenter the US using my H1N visa? Does anyone know if this is at all doable or if it can cause complications?

    Many thanks

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