Why your friend’s spouse can apply for a green card after entering as a tourist, but your spouse can’t.
For starters, let us say that US immigration law is so confusing! We often meet with potential clients who are convinced that their case is just like their friends’ case. Due to a small difference in facts, the legal cases are drastically different. In the situation of one person entering as a tourist and applying for a green card, that will work if the person who entered as a tourist planned to return to the home country but then something changed while the person was in the U.S. That situation is called “changed circumstances.” On the other hand, a person who uses a tourist visa to enter the US to stay permanently is violating a basic requirement of the tourist visa, which is to plan to leave the US and return to the home country. If a person uses a tourist visa to enter the US with the intention of filing for a green card after that entry, US immigration law considers that situation to involved “misrepresentation” or “fraud” in the use of the tourist visa.
If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well. Call (617-272-7980) or email firstname.lastname@example.org to get in touch.