Applying for green card when you have B-2 visa

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Nick1234

Member
My wife is a Canadian green card holder. I'm Canadian entered Canada on B-2 visa which I obtained in the airport. Since the F2A status on current bulletin is C, can I just apply for change of status? Is B-2 visa for Canadian that I took at the airport considered part of the visa waiver program?, as I understand the visas obtained from the visa waiver programs don't qualify for adjustment of status.

Also, considering that I can apply for adjustment of status, my visa expires in three month from now, can I just stay in the country after these three month till I get response. Also, do I get a work permit in this case?

Thank you very much in advance for detailed reply.
 
You mean you entered the US? Canadian citizens don't need (and don't get) US visas to visit the US. Rather, you were admitted directly into B2 status at the port of entry without a visa. (Visas can only be issued at US consulates, never at the border.) This is not part of the Visa Waiver Program (Canada is not part of the Visa Waiver Program); you were admitted into regular B2 status. (Usually B2 are admitted for 6 months; 3 months is a little unusual.) As such, you can do Adjustment of Status in F2A category if you are still in status, though applying so soon after entry might raise suspicions of whether you may have misrepresented yourself at entry.

(P.S. Did you marry before or after your wife became a permanent resident? How did she immigrate? If you married before she became a permanent resident it's possible that you can immigrate as her derivative beneficiary and not need to be petitioned in F2A.)
 
How important is being able to work and travel anytime soon? Once you file for adjustment you cannot work until you get an EAD, or travel outside the US before you get advance parole (or else you will have abandoned the adjustment); it’s currently being reported that these documents are taking an average of 6-8 months to be issued due to Covid backlogs. Occasionally shorter but also occasionally even longer. Are you happy to sit and do nothing for 8 months? (Bear in mind that working without an EAD puts you out of status and you will not be able to adjust status if that’s the case.) So depending on your circumstances it might be better for you to await consular processing for a visa rather than doing AOS, being Canadian it is very easy for you to visit frequently.

PS i also think there might be an issue with immigrant intent on a non immigrant visa, especially if you were specifically asked about the purpose of your visit at the border.
 
Let me clarify some points:
We are married for 20 years and my wife and kids got their green card two years. I was working overseas and didn't get the green card with them. I was recently laid off and entered to stay with the family till I get another job overseas but it is not happening due to the economy situation. I have 6 month B-2 visa and entered three month ago, so I have another three month before I have to leave USA.

Based on the above:
Can I apply for adjustment of status?
I'm in TX, how long it takes for work permit and travel documents?
How long does the adjustment of status takes?

Thank you
 
Nick1234 said:
Let
I'm in TX, how long it takes for work permit and travel documents?
How long does the adjustment of status takes?

Thank you
Click to expand...
As mentioned - Average 6-8 months is currently being reported as the wait for work permit and travel documents. These are centrally done and not dependent on field office.
Full adjustment of status process likely to be over one, possibly as much as 2 years judging by current I485 processing timelines at various texas field offices.
 
Today, ironically, I received status update on the I-130 my wife submitted for me to USCIS , the updates say that as of January 27th the application is actively being reviewed, what that means? is that means it will go to the visa processing center soon? Would the adjustment of status be faster in this case? How long it takes from the time the application go to the visa processing center?
 
Nick1234 said:
Today, ironically, I received status update on the I-130 my wife submitted for me to USCIS , the updates say that as of January 27th the application is actively being reviewed, what that means? is that means it will go to the visa processing center soon? Would the adjustment of status be faster in this case? How long it takes from the time the application go to the visa processing center?
Click to expand...
It just means that it is in line to the next thing. Has no implications for speed of anything. On another case type a family member has been being “actively reviewed” since Dec 17 2019 and we are still waiting for the next step (interview for the case type) to happen.
 
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