Online Inquiries

Q: If I apply for a tourist visa, will I be able to eventually obtain a green card?

A: In short, yes. There are two major areas of immigration law: Permanent Resident and Non-Permanent Resident Immigration. Many of you know permanent residence to mean obtaining a green card, which can ultimately lead to Citizenship. Non-permanent residence (also known as non-immigrant visa) includes temporary visas such a tourist visas (B1 or B2 visa) or temporary work visas (H1B temporary skilled worker visa) or even fiance visas (K1 visa) and spouse visas (K3 visas).

Temporary visas can sometimes be a good start to legally living in the United States before applying for permanent residence. For example, a fiance visa can quickly lead to a conditional green card through marriage. A marriage visa can also lead to a green card. Some temporary work visas can lead to a employment based green card through proper planning and application. However, it is always important to keep the issue of preconceived intent in mind.

In some visa applications such as tourist visa, the visa applicant's intent must be such that they intend on returning home and do not intend on staying in the US. When an applicant tries to adjust status from a B visa to a F1 Visa for instance, the USCIS will look very closely at the applicant's intent at the time of filing for a tourist visa application. If the USCIS concludes that the B visa holder intended to gain admiission to the US as a student, the change of status to F1 student status will be rejected and a visa fraud will be presumed. More specifically, if a request to change from B to F1 occurs within 60 days of entry into the US, USCIS will likely interpret the change of status as preconceived intent.

Another common preconceived intent is adjusting status from F1 Student Visa status to Permanent Residence or Green Card status immediately upon entry into the US on a student visa. In contrast, a work visa such a H1B visa has "dual intent" allowing a H1B holder to adjust status to lawful permanent resident status. Common ways to obtain a green card from a H1B are through an employment based green card or marrying a US citizen and adjusting status as an immediate relative. Once you are a lawful permanent resident after waiting the requisite amount of time and complying with other necessary requirements you will eventually be able to naturalize to a US citizen.

The main point is that there is much interplay between non-immigrant (temporary visas) and immigrant visas (permanent residence green cards). Through proper planning and application, your immigration goals can be achieved, sometimes all at once, and sometimes one step at a time. But how you execute the plan is as important as the plan.

April 11, 2008
Q: I have a J1 visa and my wife has a J2. My wife recently borned us a baby son in the U.S. and we want to know if we can apply for a green card through my son's status - U.S. born citizen.

A: According to Sec. 301. [8 U.S.C. 1401], a person born in the United States and subject to the jurisdication thereof shall be national and citizen of the United States. Howver, though your son was born in the US, he is not eligible to sponsor you and your wife as a US citizen's parents until he has reached the age of 21.

March 15th, 2008
Q: Is a fiance visa the same as a green card?

A: This is a question that causes a lot of confusion and misunderstanding. The answer is no. However, a fiance visa can quickly lead to a green card (permanent residency). A fiance visa (K1 Visa) enables a US citizen to bring an overseas fiance to the United States so that the couple can get married. The marriage must take place within 90 days of the overseas fiance entering the United States. If the marriage does not take place within 90 days, the fiance must leave the United States, and extensions are not granted to K1 Visa.

The good news is once the marriage takes place within 90 days, the overseas fiance can and should apply for a green card if the couple intends on living in the United States. Once the green card application is issued, it will be on a conditional basis for two years. After the two years is up and the couple is still married and together, the condition can be removed through proper application. If the couple is not married anymore it becomes very complicated. It seems straightforward enough, but frequently it is not.

Marriage and fiance visas are an excellent way to bring your spouse to this country. If done right, it will ensure that your next holiday season will be spent with your loved ones.