I am an LPR and my spouse also has a B-1/B-2. Can they enter and adjust?

I will explain a bit about the issue, remembering that the adjustment of status process in family-based cases involves many details, and it is fundamental to follow the United States immigration laws and pay attention to reliable information.

In your case, you are a lawful permanent resident (LPR) and your spouse entered with a tourist/business visa (B-1/B-2), which is intended for temporary visits. This means that the B-1/B-2 visa was granted with the understanding that the person intends to return to their country of origin, and not to establish permanent residence in the US.

However, if there is a change in circumstances and there is an intention to adjust status to become a permanent resident (through family sponsorship, for example), many factors will be analyzed by immigration authorities. In such situations, an important point is the concept of “dual intent.” Although some nonimmigrant visas are not formally “dual intent,” if the spouse showed intent to immigrate when entering on the B-1/B-2 visa, this may raise suspicions of fraud or bad faith entry.

If the immigration intent arose only after already being in the US, it may be possible to adjust status, but it is necessary to be very cautious and demonstrate that there was no intentional misrepresentation or omission at the time of entry.

Additionally, the adjustment of status for the spouse will need to be carefully prepared, as it involves verifying that the entry was made legally and that there was no violation of the visa”s initial conditions. Small details in how the entry was made may be analyzed by authorities and impact the final decision.

Therefore, even though technically it may be possible to adjust status, each case is unique and involves a thorough analysis of the entry history, documentation, and the specific circumstances involved.

Finally, it is always recommended to strictly follow United States immigration laws and seek specialized advice from reliable sources for guidance in these cases, avoiding promises of “guaranteed results” or suspicious offers. This caution helps prevent future complications and ensures that all procedures are properly fulfilled.

I hope I have clarified your doubts clearly and simply. Remember that seeking an individual consultation with a qualified professional can provide specific guidance for your case.

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.