Interesting article about a subject which comes up here

[Crazy Cat 41,893]

Interesting article.......about AOS.

 

http://www.immigrationinsights.us/en/the-90-day-rule-preconceived-intent-and-willful-misrepresentation/

[Crazy Cat 41,893]

This section caught my eye:

 

"Is it completely safe to change or adjust status after 90 days?

Not always. Changes or adjustments of status occurring 90 days after entry may still be problematic. The new rule states that conduct inconsistent with (or in violation of) non-immigrant status occurring more than 90 days after entry does not raise a presumption of willful misrepresentation. However, if the consular or immigration officer has reason to believe that the foreign national had preconceived intent and/or misrepresented his or her intentions, then the officer must request an Advisory Opinion. This means that the officer has to ask to a higher department to decide whether or not the foreign national misrepresented his or her intentions or had preconceived intent. Furthermore, immigration and consular officers can take into account all evidence of wrongdoings and violations they deem relevant, not only the conduct and representations at issue. Therefore, even in case of a change or adjustment of status occurring 90 days after entry, the applicant should be ready to demonstrate a genuine non-immigrant intent at the time of the visa application or at the time of entry."

Edited June 3, 2018 by missileman

[KazuriSana 324]

Quite a good read!

[Crazy Cat 41,893]

9 minutes ago, BlessedAssurance said:

Quite a good read!

Indeed........this seems to challenge some of the "facts" I've seen posted.

[Nemeseax 36]

The best time and money saver might be a polygraph at the AOS interviews. 

[Ben&Zian 4,398]

24 minutes ago, Nemeseax said:

The best time and money saver might be a polygraph at the AOS interviews. 

 

That would be something to see ; but even polygraphs can't be held up in courts so probably would just cause more disputes and a major headache for everyone.

[Crazy Cat 41,893]

1 minute ago, Ben&Zian said:

 

That would be something to see ; but even polygraphs can't be held up in courts so probably would just cause more disputes and a major headache for everyone.

I think just the threat would dissuade 99% of the B2 to AOS folks.

 

 

Disclaimer:  I don't think all people who adjust from B2 visas have done so with prior intent.......I think only 99% have done so, imo.

[Orangesapples 1,954]

28 minutes ago, Nemeseax said:

The best time and money saver might be a polygraph at the AOS interviews. 

Nope. A polygraph hasn't been proven to effectively catch liars at all. It would be a terrible practice to have something that is not scientifically proven to help with anything decide people's lives. All it catches is nervousness and some people are just more anxious by nature and the best liars have zero anxiety. 

 

This article is not an official source. I wouldn't take it seriously. 

[Ben&Zian 4,398]

1 minute ago, missileman said:

I think just the threat would dissuade 99% of the B2 to AOS folks.

 

 

Disclaimer:  I don't think all people who adjust from B2 visas have done so with prior intent.......I think only 99% have done so, imo.

 

That is true; but like everything, people find a way around anything if they really want to.

[Nemeseax 36]

5 minutes ago, Orangesapples said:

Nope. A polygraph hasn't been proven to effectively catch liars at all. It would be a terrible practice to have something that is not scientifically proven to help with anything decide people's lives. All it catches is nervousness and some people are just more anxious by nature and the best liars have zero anxiety. 

 

This article is not an official source. I wouldn't take it seriously. 

I have written that in more sarcastic meaning. Yes; agree with your comment completely. 

I wonder why people are so " concerned " about the others AOS- ing from non immigrant visas as they do that at their own risk. I am completely aware that is misuse of non- immigrant visa; however I believe that majority of people really do that without any " bad" intent. 

Fraud can be found everywhere and there is no change in immigation law which would stop fradulent people in their intentions.  

[Nemeseax 36]

16 minutes ago, missileman said:

I think just the threat would dissuade 99% of the B2 to AOS folks.

 

 

Disclaimer:  I don't think all people who adjust from B2 visas have done so with prior intent.......I think only 99% have done so, imo.

I think that might be 20% with prior intent; 80% without. If we guess. 

 

[Orangesapples 1,954]

I don't understand why everyone here is so bothered by AOS on a non immigrant visa. What's the problem with it? People who AOS without overstating become legal immigrants. I think the US should just change the rules and make it OK to enter on a non immigrant visa with the intent to AOS just like Canada. Then families won't need to be separated for a year or more because of red tape. Authorities should be more concerned about people who overstay and don't AOS because they become illegal immigrants. Just leave the others alone. 

[Cyberfx1024 7,980]

5 minutes ago, Orangesapples said:

I don't understand why everyone here is so bothered by AOS on a non immigrant visa. What's the problem with it? People who AOS without overstating become legal immigrants. I think the US should just change the rules and make it OK to enter on a non immigrant visa with the intent to AOS just like Canada. Then families won't need to be separated for a year or more because of red tape. Authorities should be more concerned about people who overstay and don't AOS because they become illegal immigrants. Just leave the others alone. 

I think they should just go ahead and ban AOS from a tourist Visa all together. There is a way to do things and that way circumvents the proper procedures on how to things.

[Dutchster 1,107]

4 minutes ago, Cyberfx1024 said:

I think they should just go ahead and ban AOS from a tourist Visa all together. There is a way to do things and that way circumvents the proper procedures on how to things.

 

100% agree with this. I thought they were planning on doing that? 

[Nemeseax 36]

17 minutes ago, Orangesapples said:

I don't understand why everyone here is so bothered by AOS on a non immigrant visa. What's the problem with it? People who AOS without overstating become legal immigrants. I think the US should just change the rules and make it OK to enter on a non immigrant visa with the intent to AOS just like Canada. Then families won't need to be separated for a year or more because of red tape. Authorities should be more concerned about people who overstay and don't AOS because they become illegal immigrants. Just leave the others alone. 

I have written similar comment at one topic about that a few months before. 

Immigation process is long and stressful for everyone no matter which way people do it.So, why not to concentrate on helping each other with some useful advices- this debating and " scaring" is not useful at all ( my opinion)