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United States · Immigration54

B-1/B-2 Visitor → Separately Qualifying Immigrant Category

Visitors can become the beneficiary of a family or employment petition, but entering as a visitor while intending to stay permanently can be treated as misrepresentation. This route carries serious risk and needs legal advice.

Requires current verification · Editorial record dated 10/20/2026 · Not lawyer review or an eligibility decision. Check current official instructions.

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Who this is for

People in the U.S. as visitors who have a genuine, independent basis for a Green Card — most often an immediate-relative family petition.

High misrepresentation risk; the timing and facts of the entry matter. Legal review strongly advised before any filing.

Common problems

Misrepresentation risk

If the government concludes the person intended to immigrate when they entered as a visitor, the case can be refused and a waiver required.

The 90-day consideration

Conduct inconsistent with visitor status within 90 days of entry is presumed to be a misrepresentation in Department of State practice.