you’re thinking of staying in the U.S. longer than your visa allows. If so, here’s what you should know. The good news is it’s sometimes possible to change your immigration status without leaving the country.
However, it’s not that simple. There are strict immigration rules and risks, especially if you entered under the Visa Waiver Program (VWP) or on a tourist visa.
To make it clearer, let’s break it down step by step.
Why Visa Intent Matters in the U.S.
U.S. immigration law focuses heavily on your intent at the time of entry. You must enter with a visa that matches your actual purpose.
Examples:
- Coming to work? You need a work visa.
- Want to marry a U.S. citizen and stay? You should apply for a K-1 fiancé(e) visa.
- Visiting as a tourist but intending to stay or marry? That’s called misrepresentation and it’s considered immigration fraud.
Can You Change Visa Status Inside the U.S.?
Sometimes yes, if your intent changed after you entered.
Example: You enter on a student visa, then fall in love and get married months later. In this case, that could be considered a legitimate change in circumstance, and you may be able to adjust your status to a green card holder.
But here’s the catch:
If you already planned to get married before entering but used a tourist or student visa to bypass proper channels, that may be fraud.
As a result, U.S. immigration may check your entry documents, timeline, and behavior after arrival.
Adjusting Status Under the Visa Waiver Program (VWP)
If you entered using the Visa Waiver Program, things become more complicated.
Key VWP facts:
- You waive your right to see an immigration judge.
- Overstaying 90 days can trigger a 217 removal order.
- You may be deported without a hearing.
- A 10-year reentry ban can be enforced.
Even if you marry a U.S. citizen, you may still face risks if you overstay or misrepresent your intent.
Is It Ever Safe to Adjust from a Tourist or VWP Visa?
Yes if your change of plans happened honestly and after you entered. Many people adjust successfully through marriage or other legitimate changes.
To stay safe:
- Always consult an immigration attorney.
- Be honest on all forms and interviews.
- Keep clear documentation of your timeline and intent.
Conclusion: Follow the Law and Avoid Risk
Changing your immigration status especially from a tourist visa or VWP is possible, but tricky.
The U.S. looks at your intent when you entered, and any misstep can lead to:
- Deportation
- Reentry bans
- Green card denial
💡 Tip: If you’re considering this process, get legal advice early. You can contact E. CHATZIDIMITRIOU LLC Law Firm at +1 347 (403) 4789 for proper guidance.