QUESTION
Can I apply for green card while in the USA with a B2 visa?
Asked on Jan 20th, 2016 on Immigration - Georgia
More details to this question:
Entered with B2 visa, can my daughter (U.S citizen) apply green card while I'm in the US? and what if my visa is expired? This is for me and my husband. What is the next step for my daughter? Thank you.
2 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
Yes, your daughter can file a petition for you, and it does not matter if your permitted stay in the U.S. has expired. An important requirement is that she will have to file an affidavit of support showing that she earns enough money to support you above the federal poverty level. Until you would become a U.S. citizen, you will not have the right to receive any public support - no Social Security, SSI, disability, Medicaid, welfare, food stamps, or subsidized housing. As a condition for giving you a green card, the government wants a guarantee that, if you need support, someone - not the public - will pay for it. If your daughter's income is not enough, she will have to find somebody who would agree to become such guarantor. If your husband is your daughter's father, the same applies to him. If he is not your daughter's biological or adoptive father, she can still petition for him if he became her stepfather before she turned 18. Otherwise, he will have to return to his country and wait for approval of the petition you can file after receiving your green card.
Answered on Feb 16th, 2016 at 4:30 PM
Generally,a U.S. citizen aged 21 or older may sponsor a parent who is in the U.S. to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), if the parent entered the U.S. lawfully and with inspection, such as with a B2 visa. This is true regardless of whether the B2 visa has expired, and regardless of whether the parent may have been employed without authorization. That parent's spouse (whether or not also a parent of the U.S. citizen child) also may adjust status through this process. In some cases attention may need to be given to the timing of the Adjustment of Status application to avoid an assumption that the parent committed visa fraud by entering the U.S. with a visitor's visa (which requires an intention to stay only temporarily) while actually having an intention to apply to become a Permanent Resident. It would be wise for you and your daughter (and your husband) to work with an immigration attorney who, after learning all of the relevant information, would be able to advise about immigration eligibilities, options and strategies, and would be able to offer legal representation in the often complex application process.
Answered on Feb 16th, 2016 at 9:14 AM