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Can I adjust my status to a Permanent Resident while I'm in the US on a B2 visa?

Brooklyn, NY |

I am currently here in the US on a B2 visa and this is my second visit here. I was wondering if I can apply for an adjustment of status from B2 to a Permanent Resident? My mother is a Permanent Resident and will not be a US citizen in 2 more years and I will be 21 by then. I am 19 and unmarried. My mom and dad is separated, and I am the only one left in my family back in my home country because all of my siblings are all US citizens here. I clearly intended to the immigration back when I applied for a B2 visa and at the port of entry that my mother is here on a Green Card (if all that matters).

Attorney Answers 5


  1. You can only adjust status if you have an approved I-130 and a current priority date. You did not mention any cases filed for you, so you and your mother need to schedule a consultation with an immigration attorney to plan a course of action for you. Do not overstay your visa admission.


  2. I agree with the other attorney, do you have a current priority date? Hire an attorney you don't want to risk aging out and losing the ability to adjust in the future. My firm handles family based immigration matters in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. I agree with my colleagues.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Only if you have an approved I-130 with a priority date that is current.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  5. I agree with what has been written already. Consider meeting with an attorney before you take any action.

    The materials provide here are given for informational use only, and are in no way intended to constitute legal advice or the opinions of this law firm or any of its attorneys.

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