I have been writing about Adjustment of Status.    I hear all the time about people who want to come to the US on their tourist visa and apply for Adjustment of Status.   Most of these people think that this is what they should be doing — that this is the normal way to do it.  And to be honest, people do it all the time and it works.  So why am I writing about this?

The short answer is that it is illegal.   If you are entering on a tourist visa, you are stating that you are planning on returning home out of the US when your visit is over and that you do NOT intend on applying for a green card.   You are not allowed to enter the US on a tourist visa if your intent is to apply for a green card.   People do it all the time, but it is not legal.

If, at the border, they should believe that you are entering with the intent to apply for a green card, they are supposed to deny you entry.   In fact, they could deport you for immigration fraud, which could keep you out of the US for the rest of your life.   That is not likely, but it is possible.    In addition, if you do enter the US successfully, and they conclude while you are filing for Adjustment of Status that you committed fraud when you entered the US that could put you in deportation court as well — although that is not too likely either.

In summary, I recommend against this because it is illegal.  But people do it all the time and it works.   But, if it doesn’t work for you, it could disrupt your life for years or forever.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong