Can visit visa converted to another visa?

[jamesbond123 14]

For a friend -

 

He is in USA on visit visa with his family (wife and 1 child). His parents and siblings are US citizens & in USA. Which method would be fast and easy for him to get greencard?

 

 

[Timona 3,939]

None.

He is married. Wait times for married children  of USC is averagely 15+ years.

He should not overstay in hopes of getting to the 15+ years.

 

[Mike E 11,723]

As a married child of a US citizen his category is F3

 

per  https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-66 F3 Cases filed in 2008 are just now available for adjustment of status. 
 

So there is no family based route for him to stay in the USA legally. 

 

 

Edited August 19, 2021 by Mike E

[SusieQQQ 11,584]

30 minutes ago, jamesbond123 said:

For a friend -

 

He is in USA on visit visa with his family (wife and 1 child). His parents and siblings are US citizens & in USA. Which method would be fast and easy for him to get greencard?

 

 

As above, none. The quickest route will be 13-15 years. He cannot overstay in the US while waiting. His only option is to go home and wait for a visa.

[aaron2020 11,651]

31 minutes ago, jamesbond123 said:

For a friend -

 

He is in USA on visit visa with his family (wife and 1 child). His parents and siblings are US citizens & in USA. Which method would be fast and easy for him to get greencard?

 

 

This is no fast or easy way for him to get a green card.

 

Currently, it takes 14 years for a US citizen parent to petition for a married child (F3 category) and 15 years for a US sibling to petition for a brother/sister.  There is no way to speed this up. 

There is no path for them to stay in the US and get green cards.  Your friend and his family need to leave the US before their I-94 expires. 

[Crazy Cat 39,215]

43 minutes ago, jamesbond123 said:

For a friend -

 

He is in USA on visit visa with his family (wife and 1 child). His parents and siblings are US citizens & in USA. Which method would be fast and easy for him to get greencard?

 

 

I see no way for them to legally stay in the US and adjust their status.  Immigration is a slow process.  The parents can petition them, but it will be a long wait back in their country.

[jamesbond123 14]

They have no issue to keep visiting USA on visit visa for next +10 yrs, but if their parents petition, will this impact their chance of renewal of visit visa

 

They have no intention overstaying. They are looking for legal way.

 

They visit USA every year for summer vacation & go back for past 10 years. It was renewed couple of times. 

 

few options I came across for speedy legal process

 

1- Have a baby born in USA

2- find a employer who would sponsor husband or wife

 

 

[SalishSea 16,769]

2 hours ago, jamesbond123 said:

They have no issue to keep visiting USA on visit visa for next +10 yrs, but if their parents petition, will this impact their chance of renewal of visit visa

 

They have no intention overstaying. They are looking for legal way.

 

They visit USA every year for summer vacation & go back for past 10 years. It was renewed couple of times. 

 

few options I came across for speedy legal process

 

1- Have a baby born in USA

2- find a employer who would sponsor husband or wife

 

 

They want to have a baby in the US because they think that will speed up the immigration process?

[Villanelle 4,121]

2 hours ago, jamesbond123 said:

They have no issue to keep visiting USA on visit visa for next +10 yrs, but if their parents petition, will this impact their chance of renewal of visit visa

 

They have no intention overstaying. They are looking for legal way.

If they use the visiting visa they currently hold PROPERLY and there are no changes to their overall circumstances which made them qualified for the visa- there should be no reason why it wouldn't be renewed.  

 

2 hours ago, jamesbond123 said:

 

few options I came across for speedy legal process

 

1- Have a baby born in USA

2- find a employer who would sponsor husband or wife

 

 

The options you listed should be under a heading of Green Card Eligibility Categories https://www.uscis.gov/green-card/green-card-eligibility-categories. So first one would research what eligibility categories they currently qualify under and then compare the speed. Just FYI having a child born in the US is not a quick path. The child will need to reach the age of 21 to petition their parents. 

[Adventine 3,187]

Also worth noting that birth tourism (travelling to the US to give birth, with the objective of having a US citizen child) is no longer permitted as of 2020:

 

 

https://travel.state.gov/content/travel/en/News/visas-news/20200123_birth-tourism-update.html

 

Birth Tourism Update

Last Updated: January 23, 2020

 

Effective January 24, the Department is amending its B nonimmigrant visa regulation to address birth tourism.  Under this amended regulation, U.S. consular officers overseas will deny any B visa application from an applicant whom the consular officer has reason to believe is traveling for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child. 

[jamesbond123 14]

12 hours ago, Villanelle said:

If they use the visiting visa they currently hold PROPERLY and there are no changes to their overall circumstances which made them qualified for the visa- there should be no reason why it wouldn't be renewed.  

 

The options you listed should be under a heading of Green Card Eligibility Categories https://www.uscis.gov/green-card/green-card-eligibility-categories. So first one would research what eligibility categories they currently qualify under and then compare the speed. Just FYI having a child born in the US is not a quick path. The child will need to reach the age of 21 to petition their parents. 

Didn’t know about this age requirement, thanks

10 hours ago, Adventine said:

Also worth noting that birth tourism (travelling to the US to give birth, with the objective of having a US citizen child) is no longer permitted as of 2020:

 

 

https://travel.state.gov/content/travel/en/News/visas-news/20200123_birth-tourism-update.html

 

Birth Tourism Update

Last Updated: January 23, 2020

 

Effective January 24, the Department is amending its B nonimmigrant visa regulation to address birth tourism.  Under this amended regulation, U.S. consular officers overseas will deny any B visa application from an applicant whom the consular officer has reason to believe is traveling for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child. 

is tourist visa same as visit visa? 
 

their primary purpose of visit visa is not to have baby in US. As they have been traveling before to US yearly basis.

 

thanks for the info

 

13 hours ago, Jorgedig said:

They want to have a baby in the US because they think that will speed up the immigration process?

they were thinking if baby is born in US, parents become US citizens immediately. Based on other post, this must not be true

 

 

 

does becoming a Nanny/baby sitter of a another family member qualify them to be sponsor? Work visa?

[Adventine 3,187]

Yes, the tourist visa is a visit visa.

 

If one of the travellers visits the US while obviously pregnant, she should be aware that she may face questions about her plans for the birth. And if her objective for that visit is to give birth in the US, she should be prepared to face some scrutiny for the reasons posted above.

[Mollie09 1,543]

1 hour ago, jamesbond123 said:

they were thinking if baby is born in US, parents become US citizens immediately. Based on other post, this must not be true

This is not remotely true - having a baby born in the US means the baby is a US citizen. The baby can then petition the parents for permanent residence at 21, which takes about a year. Then the parents can apply for citizenship after 5 years, and that takes about a year. So having a baby in the US means you might get citizenship in about 28 years, and can't live in the US until PR is approved in 22ish years.

[SusieQQQ 11,584]

4 hours ago, jamesbond123 said:

they were thinking if baby is born in US, parents become US citizens immediately. Based on other post, this must not be true

Absolutely not! 
 

2 hours ago, Mollie09 said:

This is not remotely true - having a baby born in the US means the baby is a US citizen. The baby can then petition the parents for permanent residence at 21, which takes about a year. Then the parents can apply for citizenship after 5 years, and that takes about a year. So having a baby in the US means you might get citizenship in about 28 years, and can't live in the US until PR is approved in 22ish years.

This. (And for this to happen the baby when 21 must be living in the US and earning enough income to sponsor the parents.) So a petition via their parents or siblings will be much faster than having a baby and waiting for it to beocme an adult. Have either the parents or siblings filed for them yet?

 

4 hours ago, jamesbond123 said:

does becoming a Nanny/baby sitter of a another family member qualify them to be sponsor? Work visa?

 No, there are countless people in the US available to do that job. Work visas are available for people whose skills are in short supply in the US and almost always require a degree in a related field. It is an expensive and time consuming process that mostly requires an employer to sponsor (unless they are famous or an expert in a field in their own right where they can self sponsor) and almost always requires lawyers for a successful application.