Illegal immigrants may file for permanent stay?

[Niels Bohr 72]

I don't have direct link that you may click to access the cases, but, I discovered these cases through interacting with people in the immigration community around town. I asked around, did some research. However, I don't know how much the case is true, but, it is overwhelmingly convincing that it's hard to even disregard. So many people come up with their stories about how they had an expired visa, and able to obtain a permanent green card.

What furious about it is that most times, these people are doing it just so to get a green card. I don't want to bust the bubble to ICE, but, when they rub it makes me like a fool. And, at the same time angry that I had to wait so long for my wife to come to the US.

Another issue is that USCIS granted so many of these AOS more than their denial. Which makes me even more furious!

I see that comment posted quite a bit, not sure where it comes from, any link to actual cases?

[JimVaPhuong 4,863]

I see that comment posted quite a bit, not sure where it comes from, any link to actual cases?

Which comment? I made 3:

1. It's difficult to get a tourist visa to the US in Cambodia.

2. Coming to the US on a visitors visa, getting married, and applying for AOS is one of the fastest ways to get permanent legal status.

3. Following the course of action described in 2 above carries significant risk.

[Boiler 45,486]

There's only one catch - the immigrant has to convince USCIS that filing for AOS was not planned when they entered with their tourist visa. If USCIS doesn't buy the explanation and denies the AOS, then the intending immigrant is deported for visa fraud with a possible lifetime ban from the US.

[Brother Hesekiel 2,236]

Jim,

judged by the written word you are 100% correct, of course, but I'm sure you are also aware that intent is not being made an issue at AOS unless there's a paper trail to it.

It is difficult to prove what goes on in the heads of the applicant and the beneficiary of a petition, so unless -- like in the Australia case that's so 'hot' right now -- somebody came to the US and it's clear, obvious and documented that visa fraud was committed, the I.O. will not even touch that subject. The US is happy for the US citizen who just found their mate for life, and wants to make sure the marriage is legit. Whether the two had intentions to get married and to adjust afterward is a non issue in real life.

I'm not condoning this, I'm merely stating my observation.

[john_and_marlene 162]

There's only one catch - the immigrant has to convince USCIS that filing for AOS was not planned when they entered with their tourist visa.

If they are married to a USC, they will not have to convince USCIS that they had no prior intent.