Where does it say it is illegal to AOS from tourist visa with intent?

[Penguin_ie 5,993]

I am having an argument with someone on another site...

Can anyone give me an actual policy/ law quote which says it is illegal to enter the USA on a tourist visa with the intent to stay and AOS? IE foreigner married to USC, has tourist visa, comes over on said visa with plan to immigrate, files AOS once in USA. Bonus points if you can give me a link to the policy forbidding this on an official government website.

[VanessaTony 3,567]

I am having an argument with someone on another site...

Can anyone give me an actual policy/ law quote which says it is illegal to enter the USA on a tourist visa with the intent to stay and AOS? IE foreigner married to USC, has tourist visa, comes over on said visa with plan to immigrate, files AOS once in USA. Bonus points if you can give me a link to the policy forbidding this on an official government website.

• Here's a lawyers site: http://www.humanrightsattorney.com/sub/index.jsp?contentid=6DOqGgQG15AqfBaTWpPYAYyC
  
• ALso here: http://www.asianjournalusa.com/default.asp?sourceid=&smenu=82&twindow=Default&mad=No&sdetail=7663&wpage=1&skeyword=&sidate=&ccat=&ccatm=&restate=&restatus=&reoption=&retype=&repmin=&repmax=&rebed=&rebath=&subname=&pform=&sc=1028&hn=asianjournalusa&he=.com which references this law: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html (212(a)(6)c) "Misrepresentation"
  

It is considered "misrepresentation" for someone to enter the US on a visa intended for another purpose but deliberately use it for another one (such as working when not permitted etc). However proving this "intent" is pretty difficult and so they don't tend to try to. Also, being the spouse of a USC tends to override it.

• Also this link from a US embassy cambodia site: http://cambodia.usembassy.gov/visa_fraud.html (this one SPECIFICALLY mentions entering the US with the INTENT to AOS is illegal).
  
• This is the state site: http://www.state.gov/m/ds/investigat/c10714.htm "What are typical types of visa fraud?
  

? The sale, provision, or transfer of otherwise legitimate visas

? Misrepresentation of reasons for traveling

? Forgery or alteration of a visa"

this site also mentions the applicable statues.

Good luck.

Edited May 20, 2010 by Vanessa&Tony

[belinda63 3,038]

Pretty much if falls in the misrepresentation category. You are clearly asked on the application what the intent of your visit is and how long you intend to stay. You then sign it swearing the information on the application is true. So if you are honest and say I'm coming to marry and intend to stay forever the application will be denied. If you answer dishonestly you are guilty of misrepresentation.

© Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Reference

[Brother Hesekiel 2,236]

It's not illegal to do AOS on the VWP. Period.

The process is the same as it is on a B2, or J-1, or whatever visa (except the K-1). The difference is that the VWP participant has no legal recourse, no right of due process, as he or she waived that right when they participated.

Misrepresentation refers to intent, and that's an entirely different thing, not worth even talking about here in this context.

[Penguin_ie 5,993]

It's not illegal to do AOS on the VWP. Period.

The process is the same as it is on a B2, or J-1, or whatever visa (except the K-1). The difference is that the VWP participant has no legal recourse, no right of due process, as he or she waived that right when they participated.

Misrepresentation refers to intent, and that's an entirely different thing, not worth even talking about here in this context.

What do you mean, "not worth even talking about here in this context"? That is exactly what I am talking about... the person I am discussing this with is a USC. His wife has a B2, and is intending to enter the USA with said B2 tourist visa and do AOS. As quoted by others above, this is illegal/ visa fraud.

[LaL 418]

It's not illegal to do AOS on the VWP. Period.

The process is the same as it is on a B2, or J-1, or whatever visa (except the K-1). The difference is that the VWP participant has no legal recourse, no right of due process, as he or she waived that right when they participated.

Misrepresentation refers to intent, and that's an entirely different thing, not worth even talking about here in this context.

I am wondering if you read the original post?

[belinda63 3,038]

Bob's stance on AOS from a tourist/VWP is that intent is extremely difficult to prove and he is correct on this. BUT there is that .01% chance it will be questioned and the AOS denied. And the .01% chance after that of a life-time ban being given for mis-representation.

I wouldn't want to take the chance of being in that .01% but it is a personal decision everyone must make for themselves.

As to the legality of what is being proposed see prior post.

[LaL 418]

Being "extremely difficult to prove" does not negate illegality in planning to do as the original post outlined.

Edited May 20, 2010 by LaL

[woki1986 1]

I find this very frustrating when on the whole most other people do things 'the right way' and apply for whichever visa, leave the country and so on and have to deal with being apart, when other people stay in the country for longer when they are supposed to and go for a visa anyway...

However, every situation is different and people have their reasons. I hope that everything works out for you in any case. It can't be nice not knowing what will happen.

[Penguin_ie 5,993]

I hope that everything works out for you in any case. It can't be nice not knowing what will happen.

Again, this is not me. I know this is illegal and we did things the right way (see my timeline).

[woki1986 1]

Again, this is not me. I know this is illegal and we did things the right way (see my timeline).

I'm sorry, you're quite right. I missed that bit. I stand corrected.