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Adjustment Of Status With Tourist Visa
U.S. immigrants place an option for those who even with a tourist visa has the opportunity to modify their status through legal channels and continue in the United States without any difficulties. There are many reasons why this application can be formalized, including the request for an immediate family member or the modification of the non-immigrant status.
The foreign citizen must remain in the country and therefore requires a change of status. The person must prove that he has the conditions to stay. The U.S. has behaved flawlessly.
How Long Can You Stay In The U.S. On The Tourist Visa?
The tourist visa is granted for 6 months, however, the first 90 days are decisive to know if the person can continue in the country. Even, to opt for permanent residence, that which most foreigners dream of.
So, who can make this change in their status? As well as these, there are many questions about adjustment of status with a tourist visa.
Before starting a procedure in a country like the United States, it is essential to have clarity of the procedure, but above all of the operation of the laws. This is because they are decisive when carrying out any immigration procedure even if a long time has passed.
- Always the most recommended thing will be to seek help from an expert lawyer in immigration issues, who will be in charge of guiding you throughout the procedure. About the adjustment of status with tourist visa is much you should know.
First of all there is something that you have to be clear: The Citizenship and Migration Services (USCIS) is in charge of carrying out the entire procedure.
- According to USCIS, those who will request this change must do so in advance and before the end of their regulatory time in the United States.
- There are cases in which it is the employer who formalizes the request. Non-citizen workers can obtain lawful permanent residency if they can demonstrate that they have exclusive skills, or that they have been offered a job in the United States that will not displace a U.S. worker or have an adverse effect on wages and working conditions workers holding similar positions.
At this point, another very important aspect: only USCIS will be able to inform you if the petition was approved or rejected.
Keep in mind that today, more than in any other era, U.S. immigration policy is changing. If the foreign national currently holds a non-immigrant visa, you should know that you will not be able to exceed the established limits.
- If you want to fulfill other types of functions in the country, such as studying or working, you will have to do the corresponding procedure, which will avoid major inconveniences.
Valid for those who entered the United States on a nonimmigrant visa
- It remains in effect at the time of the request.
- The limits of this status have not been exceeded
- You enjoy good behavior during your stay in the country
In what cases is it not necessary to apply for this status? It is not necessary to do so if the person came to the United States thanks to a business visa and has plans to remain in the country for recreation and recreation while the regulatory time to be legally in the nation expires.
- if the person has plans to study and is an immediate relative, i.e. child or spouse of those who hold the following visas: A, E visa, G visa, H visa, I visa, J visa, L visa, F visa, M visa.
The U.S. Department of Homeland Security (USCIS) establishes a list of those who can apply for the C visa waiver program for nonimmigrant and D visa or family members involved in terrorism cases.
In particular, when it comes to a vocational student, he will not be able to modify his status as a non-immigrant to that of an academic student or temporary worker. The same applies to those who are as international exchange visitors, who will no longer be able to make changes of nonimmigrant status if, for example, they traveled to receive training in the United States in their medical condition.
Still don’t know if tourist visa adjustment of status applies to you? An attorney experienced in these types of cases will be able to help you.
USCIS: It is legal to make a change of status as long as the person meets all the conditions required by the immigration authority. There are many who do it because, after being temporarily in the United States -usually for no more than six months-, they make the decision to extend their stay for different reasons.
- Through adjustment of status, it is possible to obtain lawful permanent residence. What is included among the advantages of this migratory benefit.
- This applies only if the person is in the United States. It is not necessary for the person interested in making the change to travel to their country of origin to apply for the visa since being on US soil they can do so without any inconvenience.
- Once the foreign national completes the process to apply for adjustment of status with a tourist visa, he must wait for USCIS to inform him if the change was approved or not.
- So if you have already formalized the request, make sure you have updated your data before this immigration authority.
Thousands of foreign citizens have come to the United States to fulfill various functions and have found nothing more and nothing less love.
- Is it possible to establish legal relationships and that, in addition, can they be completely legal? In fact, a loving relationship is among the reasons that can allow a tourist to extend their stay. This is possible thanks to the sentimental bond that the person has with the American Citizen.
The fact of being with an American grants many foreigners any amount of immigration benefits and, therefore, more and more immigration authorities monitor these cases that are more common than we may think.
“Do not feel afraid, if love came with everything and in just a couple of months they propose you marriage, you can get married.” “You must know very well how to do it and have clarity about how long you should wait. Do not forget that respecting the times is fundamental in the United States. If you do it right, you will see excellent results and avoid problems.”
Receive The Decision
When USCIS makes the decision on your application, we will send you a written notice of the decision.
If USCIS approves your application, you will usually receive an approval notification first and a little later you will receive your Permanent Resident Card (Green Card).
If your application was denied, the notice of decision will tell you the reason(s) why your application was denied and whether you can appeal the decision. Usually, you cannot appeal a decision to deny an adjustment of status application. Even if you cannot appeal the denial, you may still be eligible to file a motion to reopen or consider your case.
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