Re-Applying for residency after surrendering permanent resident status

[Jojo92122 1,924]

3 minutes ago, issea said:

Maybe I just want to argue but there definitely are more than one way. For example, enter the US under a work visa or student visa with genuine intent to work or study, and do AOS from that visa used to enter. 

That's still visa fraud.  The intent to AOS at the time of entry is a violation of the use of a non-immigrant work or student visa, regardless of the genuine intent to work or study.  It's intent to immigrate at time of entry that matters.

Edited May 19, 2018 by Jojo92122

[Boiler 46,242]

14 minutes ago, issea said:

Maybe I just want to argue but there definitely are more than one way. For example, enter the US under a work visa or student visa with genuine intent to work or study, and do AOS from that visa used to enter. 

Student visa is not dual intent, some work visas are, some.do not allow adjustment

[aleful 1,905]

hi

 

not in your case, we are talking about your case, you only have one way

[Tampatownfan 16]

2 hours ago, aleful said:

hi

 

not in your case, we are talking about your case, you only have one way

At this stage, I have no plans to remain on my B1/B2 and adjust, however I do have to question the stance that one cannot adjust irregardless on this type of visa. If that was the case the laws would make it much like the ESTA, where status cannot be adjusted full stop, or rather the right to appeal against a negative immigration ruling is waived. The rules for B1/B2 clearly state that one can adjust status and appeal a negative ruling, the issue I suggest would be the level of 'intent'. Given the fact we have been married for over 11 years, it is entirely possible that at some stage, we could, and I would suggest would, be entirely justified, in applying for an AOS under the B1/B2. I can already hear the cries of 'visa fraud', but would like to hear what wouldn't be classed as visa fraud? What justifications are there to adjust and not be classed as committing visa fraud? I find it ironic that many of those crying visa fraud have no direct experience of adjusting from a B1/B2, but the one person who did adjust, didn't have any problems with it? Food for thought. 

Edited May 19, 2018 by Tampatownfan

[Roel 7,193]

To put it simple - no one here will ever advice you to plan to adjust from B2. I'm sorry, but no matter what you think about it and no matter how long you're married - it is immigration fraud. 

If you go to the US on your tourist visa with a clear intent to adjust - it's fraud. Can it hurt your AoS? Might not, but also might. Especially when during AoS process they will see that you're married so long and you instead of doing proper Cr1 visa, you decided to skip it.

 

Yes, intent is judged by officers on the border. It's still not a moral thing to do, to go to the US on non-immigrant visa and then "suddenly" change your mind to adjust.

I've kept saying this and I'll repeat again - AoS from B1/B2 should be legally forbidden so people stop being confused about this whole "intent" thing. Things would be much more simpler.

 

 

You only have one way, CR1 visa and many people told you that.

 

[Tampatownfan 16]

1 hour ago, Roel said:

To put it simple - no one here will ever advice you to plan to adjust from B2. I'm sorry, but no matter what you think about it and no matter how long you're married - it is immigration fraud. 

If you go to the US on your tourist visa with a clear intent to adjust - it's fraud. Can it hurt your AoS? Might not, but also might. Especially when during AoS process they will see that you're married so long and you instead of doing proper Cr1 visa, you decided to skip it.

 

Yes, intent is judged by officers on the border. It's still not a moral thing to do, to go to the US on non-immigrant visa and then "suddenly" change your mind to adjust.

I've kept saying this and I'll repeat again - AoS from B1/B2 should be legally forbidden so people stop being confused about this whole "intent" thing. Things would be much more simpler.

 

 

You only have one way, CR1 visa and many people told you that.

 

Roel, a few observations:

 

1. As previously stated, I am looking for experiences not advice. I am a native English speaker, who has navigated the K1 process all the way through to removal of conditions and subsequently through the correct channels to surrender my residency, and of course the B1/B2 process successfully. All completed without the need for a lawyer and completed with the help of hours of painstaking research. So I would like to think that the way the original post was written and my replies so far, would have indicated I am not in the slightest new to the immigration journey. Perhaps when you decide to post replies, couching your reply with that in mind might be taken as a little less condescending.

2. If you are going to nay say something or offer advice, I would recommend you keep it factual, neutral and most importantly accurate. You have repeatedly insisted the CR1 is the ONLY route available to us. Factually incorrect as CR1 is not suitable to us, as it is for married people who have been married less than two years. The correct visa would be the conditions removed version, the IR1, as I have stated several times, we have been married 11 years. Surely you knew that right? 

3. I see that your own journey is via the K1, with no displayed experience of CR1/IR1 or AOS from B1. I also see you feel very strongly against the AOS from B1/B2. Your personal feelings on a forum such as this, where there are much less informed people, rightly very nervous of the process and hurdles they are about to, or are having to go over, should be kept exactly as that, personal and kept to yourself. People with a lesser grasp of the English language may well read your comments and misinterpret their meaning and take them as fact. So your personal opinion on the rights and wrongs of AOS from B1/B2 are actually out of order, with the potential of causing damage to others decision making processes.

4. I do actually retain the option of AOS should the situation present itself where my work/family circumstances dictate. This is due to one reason and one reason alone, the law as it stands says so! So your final comment, which is again clearly based on your opinion and not legal documented fact, is also misleading and poor advice.

Edited May 19, 2018 by Tampatownfan

[Roel 7,193]

I did read your post and understood it, thank you. Doesn't change the fact that what I wrote about intent to AoS from B2/B1 visas is true and I have a right to share my opinion about that process. You like it or not. And with all due respect, it's not a misleading or poor advice. But you clearly have your mind set on what you're planning to do - so I'm unsure why you came here asking people for advice and when they reply, you're showing some weird attitude... Surprising a lot of people are like that lately. Oh well, good luck on whatever you're planning.

 

 

Edited May 19, 2018 by Roel

[Tampatownfan 16]

I have PM'd you Roel. I don't believe this is the correct forum to go back and forth on the differences of opinion that are in danger of over shadowing the thread. I will therefore publicly apologize if my reply was considered to be too aggressive, that was not my intention.

 

I have no immediate agenda, I just want to do the maximum to ensure when we do decide to proceed, we do so with our eyes wide open and as informed with as accurate data and examples as we can. Experiences help to build awareness and knowledge to be considered as we all make our way through the maze, hence my preference for substantiated facts and experiences rather than opinion. 

 

Ideally I'd like to hear more examples like that shared by azblk and also from IR1 applicants that had also previously surrendered their status.

[Nitas_man 3,100]

23 hours ago, Tampatownfan said:

As much as we am grateful for the advice that has been provided, please only post if you wish to add something new. We are looking for either information on similar routes, ie re-applying having surrendered and what additional hurdles this presented throughout the process. As for information on alternatives, it appears through previous replies, that there may well be none. We fully understand the established processes, so please there is no need to repeat information already posted. Again, we appreciate people's willingness to offer advice.

We surrendered in 2011, and when we wanted to re-apply I (also) researched all possible options. 

 

Conclusion:  We started over, and you will be needing to plan to do the same thing.  Step 1:  File a new petition. 

 

The rest of the process is similar to the K1 petition previously filed except at the end you'll end up with a 10-yr green card in the mail.  The fact that you had a previous green card will not affect your new case.

Edited May 19, 2018 by Nitas_man

[Jojo92122 1,924]

If you don't think that entering the US on a B1/B2 visa with the intent to AOS is visa fraud, then tell CBP that you plan to AOS when entering on the B1/B2.  Since you insist that the law as it stands allows you to enter with the intent to AOS, then you wouldn't have any problems.

[Tampatownfan 16]

3 minutes ago, Jojo92122 said:

If you don't think that entering the US on a B1/B2 visa with the intent to AOS is visa fraud, then tell CBP that you plan to AOS when entering on the B1/B2.  Since you insist that the law as it stands allows you to enter with the intent to AOS, then you wouldn't have any problems.

I didn't actually say that did I.... What I said was, the ability to AOS while on a B1/B2 is permissible under the law, if it was not, it wouldn't say so on the USCIS description of the visa. I fully agree that if you travel to the USA on a B1/B2 and fully intend to remain and apply for AOS beyond the 6 months permissible, then yes that is visa fraud, and it would be some kind of stupid person, who arrived at immigration declaring their intent to AOS on a B1/B2. However, if you travelled with every intention of leaving again inside the 6 months, and let's say your personal circumstances changed while visiting, making remaining the best solution in the interests of the family, then the law allows for that. Again this would be at the discretion of the USCIS to ultimately decide. 

So I stand by my comment, adjusting from a B1/B2 is entirely legal, it just has to be utilized within what the law permits. What is or what is not legal is of little interest to me as I'm not that special kind of stupid as to flout the law with impunity. What I am interested in, are the experiences of people who followed the two routes, tips, pitfalls, specific evidence etc. All of this is useful information for when we ultimately decide to file, irrespective of which route we decide to follow. It will of course be done within the legal framework as laid out by USCIS.

[NikLR 13,232]

4 hours ago, Roel said:

To put it simple - no one here will ever advice you to plan to adjust from B2. I'm sorry, but no matter what you think about it and no matter how long you're married - it is immigration fraud. 

If you go to the US on your tourist visa with a clear intent to adjust - it's fraud. Can it hurt your AoS? Might not, but also might. Especially when during AoS process they will see that you're married so long and you instead of doing proper Cr1 visa, you decided to skip it.

 

Yes, intent is judged by officers on the border. It's still not a moral thing to do, to go to the US on non-immigrant visa and then "suddenly" change your mind to adjust.

I've kept saying this and I'll repeat again - AoS from B1/B2 should be legally forbidden so people stop being confused about this whole "intent" thing. Things would be much more simpler.

 

 

You only have one way, CR1 visa and many people told you that.

 

A) IR1 Visa.  OP has been married for 11 years

 

B) AOS from work, tourist (including ESTA), and student visas will never be forbidden regardless of your views.  It's the bread and butter of the USCIS. 

[Boiler 46,242]

18 minutes ago, Dee elle said:

We had LPR for 9 years 1980 through 1989.... originally a dual intent employement visa from which we did AOS.  Relinquished in 1990 when we chose to return to Australia. Our 2 adult dual citizen children returned to the US 2003 and 2009. We spent many years visiting on ESTA before deciding to move again. We technically could have used the  AOS route, if the timing of  our decision to stay had been a non premeditated one, but we decided to use IR5... same process as IR1.. for all sorts of reasons, including avoiding possible scrutiny of what would have been a legal route but can be open to questioning. 

I can vaguely understand somebody of an early age could just stay, but us old farts tends to accumulate a lot of ####### and responsibilities so how does that happen?

[NikLR 13,232]

Somethings are better planned. 

 

OP even though you're not a resident of the UK for tax purposes you are still a UK citizen so you can interview there.  The only inconvenience should be the wait between the interview and getting your visa back.  

[Tampatownfan 16]

1 minute ago, NikLR said:

Somethings are better planned. 

 

OP even though you're not a resident of the UK for tax purposes you are still a UK citizen so you can interview there.  The only inconvenience should be the wait between the interview and getting your visa back.  

Of course, to be totally frank it's more of a schedule inconvenience due to the time difference between the medical and the interview. There is also the added complication of also not being able to provide dates far enough in advance to enable any sort of scheduling, this is also not insurmountable. The passport is a minor issue also as I hold more than one, so can still conduct my business overseas. All considerations to be added to the pot of information to be considered in our planning.