Permanent stay while on Tourist Visa

[Mike-eeh and Odie 193]

Hi everyone,

I was wondering, is there a legal way for a parent of a US Citizen to apply for a permanent stay in the US while she is here on a tourist visa?

Thank you!

What you are advocating is visa fraud.

[Boiler 46,232]

Really? I'm asked every time

I was as well.

[HFM181818 750]

does the OP really want to gamble on somebody's one-time experience that somebody was not asked about the purpose of their trip upon arrival? If it backfires, there will no point in trying to post something on this site claiming that the border folks are inept or cold hearted, etc.

Once again, we seem to have the issue of a person asking if it's OK to (a) lie to get a visa or (b) lie about one's intentions upon arrival in the US.

Which one of these, if any, feels proper and which two seem unethical, at the very least?

[VFittipaldi 30]

does the OP really want to gamble on somebody's one-time experience that somebody was not asked about the purpose of their trip upon arrival? If it backfires, there will no point in trying to post something on this site claiming that the border folks are inept or cold hearted, etc.

Once again, we seem to have the issue of a person asking if it's OK to (a) lie to get a visa or (b) lie about one's intentions upon arrival in the US.

Which one of these, if any, feels proper and which two seem unethical, at the very least?

Nobody is a) lying or b) trying to lie about anything. I honestly did not know the answer to my original question or i would not have asked it otherwise.

[VFittipaldi 30]

Coming to the states on a tourist visa and then applying for a green card is fraud and it is illegal, now i know. My original question was answered.

Huge thanks to everyone who took their time to respond to my question! My family is here in the US with me but my friend want's to move his mom here and we were debating this topic. Thank you again!

[asisflyer 47]

Read this in its entirety. Will provide explanation of PCI (pre conceived intent) restriction on B visas and test cases related that many on this site are familiar with.

http://www.visalawyerblog.com/tag/preconceived-intent/

Also you can read the Adjudicators Field Manual Chapter 23 directly to better understand the regulations that apply.

http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

Edited September 30, 2015 by asisflyer

[HFM181818 750]

What did your mother tell the CO when she applied for her visa, as to her intentions to return and length of proposed visit? It is very likely that she did not tell the CO that she would be trying to find a way to stay in the US.

Thus, if, when she arrives, her stories start to blur, well, things might not turn out the way you wish. A tourist visa is for tourism, not to get to the US and start an AOS (though many people seem to believe that's the main purpose of a B2 visa).

The CBP folks can easily call up her visa application, complete with notes made by the CO....then compare what was said during the interview with what she is saying/answering during the admission process.

Edited September 30, 2015 by HFM181818

[Cathi 5,794]

It is visa fraud for her to enter the US with a visitor visa with the intent to stay and adjust status. Be smart and do things the legal way, you don't want your mom to be banned for life with no chance of appeal.

[HFM181818 750]

Another point to consider: when it comes to waivers, parents of USC's are NOT entitled to be the beneficiary of a waiver (I-601), though there is some ongoing law changes regarding waivers for overstays (unlawful presence) only, not for misrepresentation and fraud.

Waivers can be hugely expensive (lawyer fees), with some of these 'noble practitioners' charging upwards of $7000 (or more) in exchange for you doing most of the work, while they make more copies of boilerplate blah blah and perhaps contact some questionable psychiatrist who, for about $1000, will write any sort of 'diagnosis' regarding 'mental anguish' if mom isn't granted a waiver...

It's far cheaper to have her visit, return home, complete the immigration visa process there, etc. This process is faster (generally) than filing for a spouse!

[Hotter Otter 1,211]

They rarely ask about the purpose of visit. She doesn't need to say anything to them. When my mom visited US, she was not asked any question. They just let her through.

When I was living in England and visiting the US I was asked every time. Not a rare question at all.

[Arslan12 20]

What did your mother tell the CO when she applied for her visa, as to her intentions to return and length of proposed visit? It is very likely that she did not tell the CO that she would be trying to find a way to stay in the US.

Thus, if, when she arrives, her stories start to blur, well, things might not turn out the way you wish. A tourist visa is for tourism, not to get to the US and start an AOS (though many people seem to believe that's the main purpose of a B2 visa).

The CBP folks can easily call up her visa application, complete with notes made by the CO....then compare what was said during the interview with what she is saying/answering during the admission process.

Of course she told them that she would like to visit her son who is residing in the US. But OP's situation is different. She didn't plan the whole thing. OP's parent already has a visitor visa. And when you arrive in the US, Custom officers do ask routine questions, sometimes they are not even interested in your answers. They just have to fulfill the requirement.They ask questions like Who are you visiting? Where does your son reside? How long will you be staying in the US?(on a visitor visa) , and of course one can stay permanently if adjusts the status to green card.

Consular officer at the embassy and custom officer at the airport, They all know that a visitor is eligible for Adjustment of status if an immediate relative files petition for him/her. They are only interested in making sure that a visitor does not overstay on a visitor visa. But it is completely legal to adjust status.

Edited October 1, 2015 by Arslan12

[MacUK 983]

But it is completely legal to adjust status.

Wrong. It is NOT completely legal to use a tourist visa with the intention of going to the US to change status.

That's fraud

[HFM181818 750]

and yet, as we see, so many people believe otherwise, which contributes heavily to denials in many countries....

[Vicha 7]

I was as well.

My parents have just arrived on tourist visa (B1/B2), and they have been asked AS WELL why did they come here and how long they are going to stay... Despite they have already had the letter from us with explanations for customs why they are coming and where they are going to stay and how long and so on...

[Vicha 7]

Wrong. It is NOT completely legal to use a tourist visa with the intention of going to the US to change status.

That's fraud

Agree. It is fraud. And it drives me crazy how many people now are trying to come here on tourist visa to adjust their status when at the same time other people are trying to do everything right from the very beginning and having really a hard time.

AOS from tourist visa - interview is a must, AOS from K1 and etc - very often NPIW and our wait time is getting longer. And I believe one of reasons why - because USCIS has to interview all those "tourists"...