{"id":2172,"date":"2022-12-27T11:39:46","date_gmt":"2022-12-27T11:39:46","guid":{"rendered":"https:\/\/usa-immigration.lawyer\/en\/?p=2172"},"modified":"2023-06-14T13:45:26","modified_gmt":"2023-06-14T13:45:26","slug":"green-card-change-of-status","status":"publish","type":"post","link":"https:\/\/usa-immigration.lawyer\/en\/green-card-change-of-status\/","title":{"rendered":"Green Card – Change of status"},"content":{"rendered":"

Why can\u2019t I apply from my Green Card in the US?<\/p>\n

You may be eligible for a Green Card and wondering why you can\u2019t apply for your Green Card when you have already entered the United States? Why do you have to undergo the long drawn out process of apply for a Green Card from abroad? Why do you have to wait to live and work there?<\/p>\n

The short answer is that Green Card applications can be submitted while the applicant is within the United States. However, this is somewhat complicated. When you enter the US, you can apply to change status from a nonimmigrant to an immigrant \u2013 in other words from a tourist or business visa to a Green Card.<\/p>\n

The problem is something called \u201cdual intent\u201d. When you enter the United States with a B1\/B2 visa i.e. a tourist visa, your stated intent on the visa application is to visit the US for a short period of time. Your intent shouldn\u2019t be to live in the US. However, if on your entry to the US, you intend to change status to a permanent resident i.e. a Green Card holder, then you have \u201cdual intent\u201d. The visa you are entering doesn\u2019t match your intentions. This is not allowed in the regulations. Many visas, including a tourist do not allow dual intent. A few exceptions, such as an L-1 visa, do exist, and switching to an immigrant track from these visas is not an issue.<\/p>\n