Adjustment of Status

[divemaster19 17]

HI guys,

As you are aware I am a newbie, have been doing lots of research but I am a bit confused with the adjustment of status and have this question.

If an I-130 is approved but when the I-130 was filed we wrote that we would not be adjusting status since I was not in the US, "I visit often with a B1-B2 visa" but say after approval of the I -130 and I am in the USA legally on my B2 can I adjust status.

Instead of having my interview in my home country can it be done in the USA? What are the legalities involved?

I would never want to engage in fraud or anything of that nature and always want to do things legally but also like to explore my options.

[NikLR 13,220]

To enter the USA with the intent to stay without a proper visa is illegal. You would be denied entry if you told the CBP of your intent and it is illegal to lie to the CBP. Misrepresentation (lying) of your intent can lead to a lifetime ban.

[ValerieA 350]

Yes, you can. What you can not do is cross the border on a B2 intending to adjust status. So, if you are here right now, and want to adjust status, follow the guide:

http://www.visajourney.com/content/i130guide2

[Ontarkie 13,903]

~~Moved to AOS from Tourist, from IR1/CR1 as the question is about adjusting while in the US~~

[NikLR 13,220]

If you were already in the USA visiting, when the I-130 was approved and randomly said, hey how about I stay, you can adjust. But if you were outside the USA, I suggest finishing with consular processing vs coming to the USA for a visit and the intent of not leaving.