After the I-140 is approved, can I request a change of status if I am on a B-2?

It is important to understand that changing status within the United States can be a complex process, especially when transitioning from a non-immigrant visa, such as the B-2, to adjustment of status based on an approved immigrant petition, like the EB-2 NIW I-140.

In general terms, having an approved I-140 represents an important step in obtaining a green card, as it demonstrates that the immigration service acknowledges that you meet certain criteria for immigration under this category.

However, if you are currently in the country on a B-2 visa (intended for temporary visitors), your situation must be carefully analyzed. The B-2 visa, by its nature, is granted for tourism or short-term purposes, and its use to adjust status may raise questions about the original intent upon entering the United States. This change of intent may be viewed as problematic if not supported by clear evidence that your situation changed since entry.

To request a change of status for adjustment (for example, filing Form I-485) based on the I-140 approval, you generally must demonstrate that your application fits within eligibility rules and that your stay in the country complies with the provisions of the current visa. If the B-2 visa was granted with the idea of a temporary visit, a sudden change may raise doubts with USCIS (United States Citizenship and Immigration Services) officers. This can sometimes require presenting strong evidence that the change of intent occurred lawfully and that you meet all requirements for adjustment.

Always remember that strict compliance with immigration laws is essential. Each case has particularities that need detailed analysis, and there are risks associated with any attempt to change status without proper guidance. Therefore, it is wise to seek assistance from qualified professionals to thoroughly understand the best strategy for your case, avoiding suspicious offers or marketing campaigns promising easy solutions or guaranteed results.

Thus, although it is possible, under certain circumstances, to request a change of status while on a B-2 visa, it is imperative to make this transition with caution and appropriate legal support, ensuring that all eligibility criteria are properly met and that there is no violation of your current visa conditions.

Victoria Harper

Editor-in-Chief

Meet the author

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.