Just called Customs asking for i94 number and got interrogated, now what?

[Boiler 45,966]

Thank you everybody for your answers.

Thank you Caryh, you are correct, what we were asking for was for the I-539 to change nonimigrant status for niece+nephew from visitor to student, and not adjustment of status. I saw the instructions and forms on USCIS and they request the I-94 number which is why we called CBP because my brother in law's i-94 is not showing in the system.

They did not have any intention to stay with a tourist visa and go to school. My wife, once the kids were here, offered her brother to put the kids in our daughter's catholic school for only one year.

What i want to clarify is that what we asked was only for the kids, not for brother and wife, they will go back to their country as scheduled. If the change of status cannot be done, then the kids will return as scheduled as well. There is no intent to go against the law; as many of you said, we are just not well informed and do not know what the correct procedures are.

They could seek a change of status. I do not see the issue.

You mention that you have a school in mind, have you spoken to the School's International Admissions Officer?

I would not get too concerned about Legal costs, they would be relatively minor.

[blest.but.strest 50]

The reason the customs officer asked you for the passport numbers is to put notes in the cbp database system. These notes may or may not cause a problem for your family when they try to come back and visit.

[cdneh 3,112]

It's people like Jason who makes those of us who have years of experience and knowledge to shy away from assisting others when they could possible be headed for a disaster. I will keep all knowledge to myself and only share it with those who are willing to pay.

Good luck and I have left VJ forever.

Really. So wise, so much experience, and yet so immature.

[Ketsuban 1,034]

It's people like Jason who makes those of us who have years of experience and knowledge to shy away from assisting others when they could possible be headed for a disaster. I will keep all knowledge to myself and only share it with those who are willing to pay.

Good luck and I have left VJ forever.

That escalated quickly.

[PhilLuv 43]

OP asked for advice and was accused of doing something illegal and committed fraud. Fraud is a malicious act. OP was naive to the point that he would have cut the line when the IO was asking probing questions that could incriminate the family. This in my opinion is not fraud as some suggested. As per illegal act the OP's in-laws have not committed anything that one would deem illegal. They weighed their options but had not really submitted any application to the USCIS, and even if they had they probably would have been rejected or maybe accepted - who knows.

That said we shouldn't jump the gun and accuse people of fraud or illegal act.

[verysadguy 170]

My ex had no I-94 and she is living here just fine. What's the problem? Obviously something else fishy going on here.

[Pilipiniana 1]

^{yes correct, I don't think there would be a red flag. You should try to look for na private school there in the USA where you would like to enroll your nephews/nieces. Talk to the school principal and Director. They will discuss all about tuition/expenses. If you agree , they will issue the Form I120 which will then be given to the IO at the Us embassy where they will be interviewed for student Visa. They have to go back to their country where they will have to apply.for student visa}

[Boiler 45,966]

The reason the customs officer asked you for the passport numbers is to put notes in the cbp database system. These notes may or may not cause a problem for your family when they try to come back and visit.

What has Customs to do with this?

OP asked for advice and was accused of doing something illegal and committed fraud. Fraud is a malicious act. OP was naive to the point that he would have cut the line when the IO was asking probing questions that could incriminate the family. This in my opinion is not fraud as some suggested. As per illegal act the OP's in-laws have not committed anything that one would deem illegal. They weighed their options but had not really submitted any application to the USCIS, and even if they had they probably would have been rejected or maybe accepted - who knows.

That said we shouldn't jump the gun and accuse people of fraud or illegal act.

Nothing fraudulent about studying in the US,if you have the correct status.

My ex had no I-94 and she is living here just fine. What's the problem? Obviously something else fishy going on here.

Walked in from Mexico?

^{yes correct, I don't think there would be a red flag. You should try to look for na private school there in the USA where you would like to enroll your nephews/nieces. Talk to the school principal and Director. They will discuss all about tuition/expenses. If you agree , they will issue the Form I120 which will then be given to the IO at the Us embassy where they will be interviewed for student Visa. They have to go back to their country where they will have to apply.for student visa}

As I mentioned they can also change status.

http://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/special-instructions-b-1b-2-visitors-who-want-enroll-school

[No name 88 48]

Jumping the gun here a bit aren't we. Nothing illegal has happened and no one here has a clue what triggers a red flag to a passport # so don't throw around ghost stories.

If you really want to know what is on that passport number you can file a freedom of information act request to CBP for what ever was filed against that passport over a requested period of time. The request takes over a year before they respond and I don't know if the information is available for foreign passports.

A co-worker did this 5 years ago for his US passport. It was kinda neat and scary; every question asked and response was recorded. A complete record of travel in and out of the US including flight numbers although it was missing a few land crossings to Canada. Most of the foreign travel was missing. It even had the IP addresses of the computers the plane tickets were purchased.

[No name 88 48]

I have no clue so I'll just ask the question.

The children are already in the US. The parents go home but the children stay behind with a LPR or USC. Why couldn't a child on a tourist visa be enrolled in private school after entry and adjust status? Why would there be a need to return to the home country.

Please respond with legal, procedural and statistical information only? Don't respond with this is not "correct", "proper", it's "cheating". I don't care whether you believe an AOS is fair or not.

[Dakine10 5,452]

Good luck and I have left VJ forever.

Ahhh, laughter is truly the best medicine. Thanks for that. Although I guess you won't really see this.

[SusieQQQ 11,587]

I have no clue so I'll just ask the question.

The children are already in the US. The parents go home but the children stay behind with a LPR or USC. Why couldn't a child on a tourist visa be enrolled in private school after entry and adjust status? Why would there be a need to return to the home country.

Please respond with legal, procedural and statistical information only? Don't respond with this is not "correct", "proper", it's "cheating". I don't care whether you believe an AOS is fair or not.

It's not irrelevant that the father of the children has demonstrated immigrant intent. I don't have an opinion on whether it is unfair or not, but you have to acknowledge that any petition to change the children's visa will be scrutinized keeping this in mind.

[Dakine10 5,452]

I have no clue so I'll just ask the question.

The children are already in the US. The parents go home but the children stay behind with a LPR or USC. Why couldn't a child on a tourist visa be enrolled in private school after entry and adjust status? Why would there be a need to return to the home country.

Please respond with legal, procedural and statistical information only? Don't respond with this is not "correct", "proper", it's "cheating". I don't care whether you believe an AOS is fair or not.

The specific answer is they do not have any basis on which to adjust status. There is no immigrant visa immediately available for them. Any attempt to adjust status would result in the forms being denied for that reason and returned (possibly without the fees). Eventually they would end up out of status and subject to removal.

Edited March 25, 2014 by Dakine10

[MacUK 983]

I have no clue so I'll just ask the question.

The children are already in the US. The parents go home but the children stay behind with a LPR or USC. Why couldn't a child on a tourist visa be enrolled in private school after entry and adjust status? Why would there be a need to return to the home country.

Please respond with legal, procedural and statistical information only? Don't respond with this is not "correct", "proper", it's "cheating". I don't care whether you believe an AOS is fair or not.

I think the issue is that the OP was hoping the kids would be able to go to a local school rather than a private school.

[Kev-N-Ann 45]

I'm guessing, that if the kids are going to be attending a school in a foreign country (whatever country), without their parents living there, the parents would have to appoint the kids' uncle/aunt as legal guardians of the kids. How would that complicate things in this case?