LPR wants to change from DCF to AOS

[christeen 966]

from the following thread... http://www.visajourney.com/forums/topic/475741-preconceived-intent-to-marry-and-adjust-status/

After reading through many of the forums posts, I have noticed a trend in the advice or warnings given to people who ask questions here and one such VERY common warning is : preconceived intent to marry and adjust status.
I think it is way overdue that people continue to issue such warnings or 'scare' people with that. The fact is under immigration law, USCIS can NOT deny any one an adjustment of status or a green card application under preconceived intent to marry and adjust status. This was made into immigration law in 1987 based on these cases:
http://www.uscis.gov...0-0-0-4012.html

Which was enforced by a US court and the evidence is in a USCIS publication.

A denial can however be issued under misrepresentation of facts or willful concealing of material evidence all of which are a subset of visa fraud. So as examples -

1. Someone who applies for a tourist visa and on the DS160 form states that they are married, to establish ties back home and upon the receipt of the tourist visa and subsequent traveling to the US, marries an American citizen and tries to adjust status can be issued a denial under misrepresentation of facts or willful concealing of material evidence to engage in visa fraud.
2. Someone who hides their criminal history in their application and who is later found can also be issued a denial under both clauses.
3. Someone who comes in with a tourist visa and has preconceived intent to marry and adjust status upon being able to go beyond the customs and border patrol agents at the POE and they are not able to establish preconceived intent Can NEVER be denied their green card/adjustment of status application by the clause of preconceived intent to marry and adjust status. USCIS can only probe into the bonafide nature of the relationship or marriage and that is all.

Preconceived intent to marry and adjust status is ONLY established at the port of entry and when there is no such establishment and the said traveler enters the US. It can NEVER be used in immigration law anymore. Same as the 30/60/90 rule.

So I think it would be helpful if people desist from issuing warnings or advice related to preconceived intent to marry and adjust status as it does no longer hold in immigration law since 1987 and since 1987 there has not been a single documented case of its usage.

Thank you for taking the time to read!

[aaron2020 11,651]

from the following thread... http://www.visajourney.com/forums/topic/475741-preconceived-intent-to-marry-and-adjust-status/

After reading through many of the forums posts, I have noticed a trend in the advice or warnings given to people who ask questions here and one such VERY common warning is : preconceived intent to marry and adjust status.

I think it is way overdue that people continue to issue such warnings or 'scare' people with that. The fact is under immigration law, USCIS can NOT deny any one an adjustment of status or a green card application under preconceived intent to marry and adjust status. This was made into immigration law in 1987 based on these cases:

http://www.uscis.gov...0-0-0-4012.html

Which was enforced by a US court and the evidence is in a USCIS publication.

A denial can however be issued under misrepresentation of facts or willful concealing of material evidence all of which are a subset of visa fraud. So as examples -

1. Someone who applies for a tourist visa and on the DS160 form states that they are married, to establish ties back home and upon the receipt of the tourist visa and subsequent traveling to the US, marries an American citizen and tries to adjust status can be issued a denial under misrepresentation of facts or willful concealing of material evidence to engage in visa fraud.

2. Someone who hides their criminal history in their application and who is later found can also be issued a denial under both clauses.

3. Someone who comes in with a tourist visa and has preconceived intent to marry and adjust status upon being able to go beyond the customs and border patrol agents at the POE and they are not able to establish preconceived intent Can NEVER be denied their green card/adjustment of status application by the clause of preconceived intent to marry and adjust status. USCIS can only probe into the bonafide nature of the relationship or marriage and that is all.

Preconceived intent to marry and adjust status is ONLY established at the port of entry and when there is no such establishment and the said traveler enters the US. It can NEVER be used in immigration law anymore. Same as the 30/60/90 rule.

So I think it would be helpful if people desist from issuing warnings or advice related to preconceived intent to marry and adjust status as it does no longer hold in immigration law since 1987 and since 1987 there has not been a single documented case of its usage.

Thank you for taking the time to read!

So, the OP can come on the tourist visa with the intent to immigrate and adjust with no problem.

Would you suggest disclosing the plan at the POE since you insist no one gets in trouble for this? Or should he conceal it?

Edited February 5, 2014 by aaron2020

[christeen 966]

No, because coming to the usa on a tourist visa with the INTENT to adjust status and immigrate is illegial (even though it cannot be used as the sole basis for denial) it is quite an ambiguous policy for sure, however, I am just pointing out that your statement that it is NEVER legal to immigrate (aka adjust status) from a tourist visa is not correct as there are glaring exceptions to this generalization. I will not continue this tot for tat with you and derailing the thread, read the above thread and uscis publication if you still have questions...

to bring it back to the OP, I think you are n the right track waiting it out as I think you know now that the idea in your post would be intent and could result in issues. Hopefully it will be soon... Good luck

[aaron2020 11,651]

No, because coming to the usa on a tourist visa with the INTENT to adjust status and immigrate is illegial (even though it cannot be used as the sole basis for denial) it is quite an ambiguous policy for sure, however, I am just pointing out that your statement that it is NEVER legal to immigrate (aka adjust status) from a tourist visa is not correct as there are glaring exceptions to this generalization. I will not continue this tot for tat with you and derailing the thread, read the above thread and uscis publication if you still have questions...

to bring it back to the OP, I think you are n the right track waiting it out as I think you know now that the idea in your post would be intent and could result in issues. Hopefully it will be soon... Good luck

After all that, your advice is not to do it.

[christeen 966]

After all that, your advice is not to do it.

I said that in the beginning that it would not be a viable option for the OP, i was just correcting your incorrect statement and hopefully clarify some misconceptions about AOS and intent as there are some "myths" that keep being repeated here on VJ regarding it.

[Boiler 45,486]

Do not worry, the myths are here to stay.

Would be nice of the Moderators deleted them, stop them being repeated.