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Immigration decisions outlive rumors. Those planning to live, study, or work in the United States often arrive at the planning table already carrying beliefs inherited from social media, family conversations, and outdated articles. The problem is that small distortions turn into flawed strategies, and flawed strategies lead to denials, bans, and even immigration fraud proceedings. This guide examines seven claims that come up repeatedly in immigration consultations and separates myth from fact, drawing on the Immigration and Nationality Act (INA), the Code of Federal Regulations (CFR), and official manuals from USCIS, the Department of State (DOS), and Customs and Border Protection (CBP).
1. Entering as a tourist and changing status is easy
Myth. The B-1/B-2 visa is classified by INA 101(a)(15)(B) as nonimmigrant, and 22 CFR 41.31 reinforces that the visitor must maintain a foreign residence they do not intend to abandon. Change of status via Form I-539 and adjustment of status via I-485 both exist, but both require a valid petition, maintenance of current status, and the absence of preexisting immigrant intent.
The concept of preconceived intent is central: the so-called 90-day rule in the Foreign Affairs Manual (9 FAM 302.9-4(B)(3)) presumes that applying for a change of status within the first 90 days after entry on a temporary visa constitutes fraud or misrepresentation. The consequence can be permanent inadmissibility under INA 212(a)(6)(C)(i), in addition to denial of the pending application.
2. EB-2 NIW requires a job offer
Myth. The EB-2 with a National Interest Waiver (NIW) is the only employment-based immigration category that waives the Department of Labor labor certification and a formal job offer. The legal basis is INA 203(b)(2)(B)(i), and the current standard follows the test established by the precedent Matter of Dhanasar (AAO, 2016): (a) the proposed endeavor has substantial merit and national importance; (b) the foreign national is well positioned to advance it; (c) it would be beneficial to the United States to waive the job offer and labor certification requirements.
This path is common for researchers, entrepreneurs, physicians in underserved areas, and professionals with a documented body of original work. The petition is filed by the foreign national directly via Form I-140 with the NIW box checked, and requires no sponsor.
3. Marrying a US citizen guarantees an immediate green card
Myth. Marriage to a US citizen places the spouse in the immediate relative category (IR-1 or CR-1), which means no waiting line and numerous procedural benefits — but mandatory steps still apply. The US citizen spouse files the I-130; once approved, the foreign national proceeds through consular processing (DS-260) or adjustment of status (I-485) if already lawfully present in the US.
Marriages less than two years old at the time of approval result in a conditional green card (CR-1) valid for two years. Before it expires, the couple must jointly file Form I-751 demonstrating the marriage is bona fide. Misrepresentation or fraud in the relationship is a federal crime under 8 U.S.C. § 1325(c) and can result in up to five years in prison and a $250,000 fine.
4. F-1, M-1, and J-1 visas require social media information
True. Since 2019, Form DS-160 has required applicants to disclose social media identifiers used in the past five years. In June 2025, the Bureau of Consular Affairs expanded this policy specifically for student (F and M) and exchange visitor (J) visas, requiring that social media profiles remain public during consular review, under penalty of denial for inability to conduct a background check.
The measure is part of a broader extreme vetting effort and has practical implications: posts reflecting radical political views, support for organizations designated as terrorist, signs of concealed immigrant intent, or inconsistencies with statements on the form may result in a refusal under INA 214(b) or requests for additional information under INA 221(g).
5. It is possible to work without the correct visa as long as no one finds out
Myth. Unauthorized work in the United States is one of the most serious violations of the immigration system. Consequences include: cancellation of current status; accrued unlawful presence triggering the three- and ten-year bars under INA 212(a)(9)(B); permanent inadmissibility in fraud situations; ineligibility for adjustment of status (INA 245(c)); and removal proceedings. Employers who knowingly hire unauthorized workers face civil penalties under INA 274A, with fines reaching thousands of dollars per violation and criminal liability for repeat offenders.
The legal path requires a work visa suited to the position: H-1B for specialty occupations with a relevant bachelor’s degree, L-1 for intracompany transfers, O-1 for extraordinary ability, EB-3 for skilled workers or professionals through sponsorship, TN for Canadians and Mexicans, and E-2 for treaty investors. Each visa has specific requirements and its own processing timeline.
6. Certain professions make it easier to obtain a green card
True. Researchers, physicians, scientists, engineers, and STEM professionals have more entry pathways. EB-1A (extraordinary ability) and EB-1B (outstanding researcher) waive labor certification. EB-2 NIW favors those who demonstrate a project of national interest, and the DOL’s Schedule A program pre-certifies registered nurses and physical therapists, eliminating the PERM step.
In 2022, USCIS published specific guidance reinforcing that STEM professionals with advanced degrees may benefit from the NIW when they align their work with critical and emerging fields defined by the White House Office of Science and Technology Policy, such as artificial intelligence, semiconductors, biotechnology, clean energy, and cybersecurity.
7. Living outside the US can lead to losing the green card
True. A green card is authorization for permanent residence, not for visiting. Regulation 8 CFR 211.1(a)(2) and INA 101(a)(13)(C) treat a resident as returning from a trip only when the absence was temporary. As a practical reference:
- Absences of up to six months generally do not raise concerns.
- Between six and twelve months, a rebuttable presumption of abandonment arises, and the resident may need to demonstrate ongoing ties upon return.
- Absences exceeding twelve months without a Reentry Permit (Form I-131) presume abandonment, and the resident typically needs a Returning Resident visa (SB-1) issued by a consulate to re-enter.
For those who need to remain abroad for extended periods, the I-131 must be filed before departure, is valid for up to two years, and requires biometrics in the US. Filing an annual tax return as a resident, maintaining an active bank account, property or lease agreement, health insurance, and immediate family in the country are factors frequently examined by CBP at the time of return and by USCIS in any future naturalization application under INA 316(a).
The common thread across all seven points is straightforward: the US immigration system rewards those who plan based on the text of the law and official guidance. Shortcuts built on myth cost time, money, and in many cases, the dream of living in the United States itself.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
