Immigration Corner | Can my daughter petition to have a change of status for me?

Greetings Mrs. Huntington:

I’m the mother of an over-21-year-old USA citizen. If I’m in the USA on a B1/B2 visa can my daughter petition to have a change of status for me. If so, how long does it take?

Regards

NB

Dear NB

The short answer is yes – the current US immigration law allows that a person who is physically present in the United States, having lawfully entered on a visa and is the immediate relative of an American citizen can be petitioned for adjustment of status to a lawful permanent resident. However, and it is a big however, the current US administration views adjustment of status quite differently than previous US administrations.

Adjustment of status is available to immediate relatives, even if they are out of status. It is not, however, an automatic process. This administration has in many instances denied the adjustment of status if the application is not completed correctly and or the applicant does not meet the statutory requirements. The application can also be denied on a discretionary basis.

While an adjustment of status application is pending, an applicant is “pending adjustment” and is entitled to work authorization and in many instances travel authorization during the pendency of the application. If an adjustment applicant is out of status, i.e. the time given to them upon arrival in the United States expired, the denial of the adjustment application puts the applicant in a precarious position. There have been many instances this year where an adjustment applicant is denied at their interview and then immediately taken into custody – because they are out of status. Immigration lawyers have seen adjustment applications denied at interviews and applicants taken into custody – although rarely; it happens when an applicant is inadmissible, e.g. they have a criminal record or a previous removal order.

In 2025, all applicants with expired status are subject to being placed in custody and removal proceedings, if their petition is denied. It is therefore extremely important that the utmost care be placed on adjustment of status applications and that they not be viewed as automatic.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com