Immigration | Can my daughter file for me to adjust my status?

Greetings, Mrs Huntington

I’m the mother of an over-21 years old citizen of the USA. 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

N.B.

Dear NB:

The United States’ immigration laws view the parents of adult US citizens as immediate relatives. This means that, if the parent is in the United States pursuant to lawful entry, their adult US citizen son/daughter can file to adjust their status to that of permanent resident. This applies regardless of whether the parent’s time to remain in the United States has expired or not. If the parent is outside the United States and will be interviewed at their US embassy or consulate, the waiting period for the parent’s visa application – from start to finish – is “as soon as the paperwork can be processed”.

Taking the last point first – persons should be aware of the United States’ 75-country pause against issuing Green Cards since January 2026, of which Jamaica was among the 75; and the now worldwide pause on the issuance of Green Cards since August 24, 2026, to include discontinuing immigrant visa interviews.

As of the writing of this article, the US Department of State has not indicated when permanent resident interviews will resume around the world. A US court found in August 2026 that the 75-country pause was illegal and, to date, no appeal of that ruling has been filed by the US government.

question of intent

There has always been a question of intent with persons who apply for adjustment of status in the United States. The so-called ‘90-day rule’ looks to how soon after legal entry to the United States a person applies to adjust their status or makes any indication that they intended to remain beyond their status at entry. If the application occurs within 90 days of arrival in the US, the presumption is that the immigrant intended to apply for permanent residence and violated the terms of the non-immigrant visa upon which they initially entered the US. If that intent is found, the applicant will be denied permanent residence, their visa revoked, and they will be placed in removal proceedings.

With regards to adjustment of status, in May 2026, the US Department of Homeland Security (DHS) instituted a policy to question why applicants did not leave the United States at the end of their authorised stay and, separately, why did they not consular process their permanent resident application. DHS views adjustment as discretionary relief and while it is, it is also a legal remedy to obtaining permanent residence in America.

You should consult with a US immigration attorney in preparation for any adjustment application, and for your immigration interview.

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 &andhearing officer in Broward County, Florida. info@walkerhuntington.com