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630-392-8101 | 630-392-8101
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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Entering the United States on a B-1/B-2 visitor visa allows individuals to visit family, attend short business meetings, or explore tourism opportunities. But what happens when a visitor’s plans change, and they decide to stay and apply for a different visa or even permanent residency?

While it may seem like a simple shift in intention, changing your immigration purpose mid-trip can raise serious red flags with U.S. Citizenship and Immigration Services (USCIS) and lead to allegations of fraud or misrepresentation.

At Kasturi Law, LLC, we’ve helped numerous Illinois clients navigate this situation carefully. If you’re considering adjusting your status after entering on a visitor visa, it’s crucial to understand the legal risks associated with this decision.

Visa Inside the U.S.

Why Changing Your Purpose Mid-Trip is a Risky Move

U.S. immigration law is based on the concept of nonimmigrant intent, which means that certain visa types, such as tourist visas, are granted on the condition that the individual plans to return home. When a visitor arrives with one stated purpose and then quickly files for a different status (such as a student visa, work visa, or green card), USCIS may suspect that the original entry was based on misrepresentation.

Even if your decision to stay evolved after arrival, the government may interpret it as a preplanned attempt to misuse the visa process.

This can lead to consequences such as:

  • Denial of your current application.
  • Being permanently barred from adjusting status in the U.S.
  • Future visa denials based on fraud grounds.
  • Placement in removal proceedings.

The 90-Day Rule: What It Means for Your Case

While not a formal law, the “90-day rule” is a guideline used by USCIS and the U.S. Department of State to determine whether an individual has violated the terms of their visa. If a person takes steps to change their status within 90 days of entering the country—such as getting married, enrolling in school, or filing a green card application—officials may presume they misrepresented their intent at the border.

Examples of what can trigger scrutiny include:

  • Marrying a U.S. citizen and applying for a green card within the first three months of arrival.
  • Filing Form I-539 to change status to a student or worker shortly after entry.
  • Seeking employment or engaging in unauthorized work after entering on a B visa.

If USCIS believes the intent was dishonest, it can charge the applicant with willful misrepresentation, which carries long-term consequences.

How to Avoid Allegations of Fraud or Misrepresentation

If your circumstances genuinely change after arrival, it’s still possible to adjust your status, but how and when you act is essential. At Kasturi Law, LLC, we help clients document their intent, establish a clear timeline, and explain changes in purpose in a credible manner.

Tips for protecting your immigration status include:

  • Waiting at least 90 days before filing any new application
  • Avoiding unauthorized employment under a B-1/B-2 visa
  • Keeping written evidence of a genuine change in plans, including medical emergencies or new relationship developments.
  • Consulting with an immigration attorney before making any status changes.

Contact Kasturi Law, LLC, Before Making a Move

Immigration officers scrutinize timelines and intent. A well-meaning decision to remain in the U.S. can quickly become a legal problem if not handled strategically. If you or a loved one in Illinois is considering applying for a visa or green card after entering on a tourist visa, we urge you to seek legal advice first.

Call Kasturi Law, LLC, at (630) 392-8101 or begin your free consultation online today to avoid common pitfalls and protect your future. We’re here to meet you where you are—by phone, Zoom, or in person. Use our online calendar to book a 30- or 60-minute consultation and get the focused answers you need to move forward with confidence.