If you enter the U.S. on a tourist visa, you may wonder if you can apply for adjustment of status to get a green card without leaving the country. The short answer is that adjustment of status may be possible in some circumstances, but eligibility depends on the basis for the green card, how you entered the United States, your immigration history and whether you had immigrant intent when you entered. Because immigration law is federal, the adjustment of status process is the same in Kentucky as in every other U.S. state.
Understanding intent and the 90-day rule
A tourist visa is a non-immigrant visa. When you enter the U.S., immigration officers expect that you plan to return home before your stay expires. Here are two common scenarios where a traveler might apply for an adjustment of status:
- Changing your mind: If you arrive with honest plans to visit and return home, but your situation changes unexpectedly after arrival (such as getting married to a U.S. citizen), you may file for adjustment of status from inside the U.S.
- Pre-planned trips: Entering the United States on a tourist visa while concealing a preexisting intention to immigrate can create serious misrepresentation or fraud concerns and may affect eligibility for adjustment of status.
Immigration officers use the 90-day rule as a policy guideline to evaluate your intent. Certain conduct inconsistent with a person’s nonimmigrant status within 90-days of entry may create a presumption of willful misrepresentation under the State Department’s guidance. That presumption is not an automatic denial, and the applicant may have an opportunity to present evidence concerning their intentions. Regardless of the 90-day window, USCIS may still deny your application if they find proof of prior intent to immigrate.
Doing it the right way
Applying for adjustment of status after entering on a tourist visa can be complex. One missing document or timing mistake can lead to a denial. Understanding the 90-day rule, the required documentation and the correct filing sequence is essential for anyone pursuing a green card from within the United States after arriving on a tourist visa.
