Visa Waiver Program filers of AOS

[Gosia & Tito 199]

Is there really such thing as a life time ban for denied entry? I keep hearing this but I'm beginning to doubt this is real.

There is. Not something people involved like to talk about.

I do know of one personally, but I have never been told of the circumstances...possibly because they are not painting said person in best of lights

[Done--Really 331]

There is always a lot of emotion around this subject, but it is spelled out very clearly in the field manual...go to this link, and search for the 30/60 day rule and read every word of it, and your confusion about how it is implemented should evaporate. Actually, you should read this entire section of the manual, since it makes inadmissibility questions very clear, although it takes A LOT of words sometimes, and you have to plow through it.

Enjoy !!

http://www.state.gov/documents/organization/87011.pdf

[LiliBurd 85]

I'm trying to puzzle out the legality of my situation. The wife & kids are still abroad, waiting for NVC to get around to processing their forms. A thought occurred: Why can't they fly over under the Visa Waiver Program (applies in their country) and upon arrival, file for Adjustment of Status? I found this USCIS memo from 2013:

The only hitch that I can see is possibly misrepresenting the nature of their visit at POE. If they don't say "immigration" when asked their purpose of visit, then it's visa fraud, and could potentially lead to a years-long ban.

Anyone have any insight into this?

Unclebeer I love your name btw, Auntywine here!

According to the quote it clearly states that your family could do this legally however as you mentioned and as so many people jumped at your throat telling you, they cannot misrepresent the nature of their visit... It is such a silly/bizarre loophole in my opinion.

My fiancé often tells me that there has to be an easier way to do this and that we should find a good lawyer and see what our options are. I don't think our situation requires it, and I'd rather save on the fees and spend it on our wedding or honeymoon. But as Boiler mentioned maybe your best bet is to find a reputable knowledgeable lawyer and ask questions. VJ is a great source of information but when you're dealing with people, who are not professionals that are themselves involved in the process they are bound to give personal opinions, and this subject always seems to create so much heat. At the end of the day everyone needs to face reality, we all choose our own paths some just get there faster than others.

Do what you gotta do to make sure things run smoothly. Cheers!

[UncleBeer 244]

Just got some insight from a friend of a friend who's an immigration attorney. She said if my spouse and stepson had joined me in the States under VWP, then filed I-130s, everything would be hunky-dory; they could have stayed in the US indefinitely. Now that we've filed paperwork, she says there's no choice but to wait for the Consulate.

This seems completely screwed up, as a spouse 'visiting' her husband in the US under VWP (but ultimately filing I-130 during her visit) would still be misrepresenting the nature of her visit, as she had clearly intended to immigrate.

If someone in DC is truly interested in "immigration reform", this is the place to start.

[belinda63 3,038]

It is a loophole but look at it this way. What if they came to the US with the intent to immigrate and were asked "Are you going to adjust status while you are here?" and they answer no. Then they do file to adjust status. Maybe they had a really good, compelling reason for doing so which arose after the arrival. They MIGHT be ok with this. What if they just flat out lied to gain admittance. Then they could be hit with a "material misrepresentation" and this could lead to a life-time ban. It's not the coming on a non-immigrant visa and AOSing that is the problem, it is what is said to gain the tourist visa or at entry to the country that gets you banned.

[Boiler 45,482]

People are entitled to change their mind. all academic anyway as this is not what happens in practice.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~