Yes, foreign nationals can change their B1/B2 visa to a Green Card under certain circumstances. Changing from a B-1/B-2 Visa to a Green Card enables foreign visitors to stay permanently in the United States. The B-1/B-2 Visa (Visitor Visa) is a non-immigrant visa for short business or tourism visits to the US, whereas a Green Card allows non-US citizens to live, work, and travel permanently anywhere in the US.
Changing a B1/B2 visa can be done by "adjustment of status" from a B1/B2 Visa to a Green Card through family, employment, or investment-based immigration.
- Family-based immigration grants a Green Card to B-1/B-2 visitors who are being sponsored by US citizen
- Employment-based immigration grants a Green Card to B-1/B-2 visitors through employer sponsorship.
- Investment-based immigration grants a Green Card to B-1/B-2 visitors which done through the EB-5 Visa Program, that grants permanent residence to qualified foreign investors.
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Ways to change B-1/B-2 Visa to Green Card
There are three ways through which foreign nationals with B1/B2 visas can change their visas to Green Cards.
Through Immediate Relative and Family-Based Immigration Visas
Family-based Immigration Visas are granted to U.S. citizens and Green Card holders' spouses, U.S. children, parents, or siblings with Green cards by adjusting their status.
Below is the process of going from a B1/B2 Visa to a Green Card if they are related to a U.S. citizen or a lawful permanent resident:
- Filing Form I-130, (Petition for Alien Relative) to the USCIS
- Filing Form I-485, (Application to Register Permanent Residence or Adjust Status) to obtain a Green Card if they are in the U.S.
- Filing DS-260, (Immigrant Visa Electronic Application) if they are outside the U.S.
Though Employment-based Immigration Visas
Employment-based Immigration visas grant Green cards to foreign citizens who are permanently employed in the U.S. There are different types of Employment immigration visas, such as EB-1 visa, EB-2 visa, and EB-3 visa.
Here are four steps to change from Employment-based Immigration Visas to Green Card:
- Find a U.S. employer to sponsor you
- Obtaining labor certification from the Department of Labor
- Filing Form I-140
- Acquire a Green card
Through the EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor program is an immigrant visa allowing foreign nationals to gain permanent residence through investment. B-1/B-2 Visa holders do not need sponsorship when applying for the EB-5 Visa.
Here are the four steps for changing from a B-1/B-2 Visa to a Green Card through investment:
- File Form I-526, Immigrant Petition by Alien Investor to the USCIS.
- Fill out DS-260 if they are outside the U.S.
- Form I-485 if they are residing in the U.S.
- Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status to gain lawful permanent residence.
Special Considerations for B-1/B-2 Visa
Foreign nationals must consider the following while changing from a B1/B2 Visa to a Green Card:
- Extending your B-1/B-2 Visa
- Maintaining B1/B2 status
- Applying for a K Visa
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