Canadian citizen, immigrant visa to the USA and some issues

[gregcrs2 1,778]

25 minutes ago, Roel said:

5 hours ago, KKira said:

But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

She did not apply for a green card because legally she could not!!! 

[Roel 7,193]

40 minutes ago, gregcrs2 said:

She did not apply for a green card because legally she could not!!! 

This!!!! 

 

[mushroomspore 3,044]

7 hours ago, KKira said:

But she did not "intent to immigrate". "Intent to immigrate" means she would like to adjust her status while in the USA and was admitted with a nonimmigrant visa that has no dual intent but she wants to go back to Canada and go via consular processing. 

 

Let's say someone is being sponsored by his mother. The petition has been pending for years - does it mean he cannot stay in the USA for 5 years as a student?  Same situation if he came as a tourist, changed his status to F and stayed here for  a few years. If it's time to apply for an immigrant visa he can go to his country and do it (if he is eligible). 

 

If my sister came to the US, and within a few weeks applied for an adjustment of status - then yes, that is fraud. But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

 

 

When she came to the US, Canadian citizens did not receive B2 unless they had a different passport with visa. 

 

Well, immigrant intent isn't ONLY applied to those who apply for the correct visa and/or adjustment. Your sister originally came on a tourist visa. That required her to LEAVE the US AND restricted her from working and making a living. Your sister did NOT leave for 12 years AND she worked to support herself to LIVE inside the US. As soon as she did those things, she immediately violated the scope of the tourist visa. Living in the US is not accidental. It is not "visiting". She DID immigrate, essentially trying to do all the things only permanent residents and citizens are allowed to do, and it was done illegally and fraudulently.

 

By the way in your example of someone being petitioned by a parent but wanting to be a student during the pending petition, it is very likely the F1 visa would be denied as the person has immigrant intent through the parental petition. F1 is non-immigrant and a CO and USCIS would probably tell such a person to wait for approval on their petition before pursuing studies in the US. 

[Crazy Cat 42,215]

10 hours ago, KKira said:

But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

Now, that is funny stuff right there....she most certainly had the intention to continue to live and work in the US illegally......and that seems to be misrepresenting the purpose of her "visit" whether stated verbally, stated in writing, or implied....or can Canadians treat the US as  southern province of their country?

[KKira 1]

9 hours ago, Dee elle said:

ITIN isn’t a ssn. 

SSA issues SSN.. the bank gave put the application form. 

 

I know ITIN isn't a ssn - I am just showing the scenerio. In my situation it was exactly the same: they gave the application in the bank, I signed it, they copied my passport, attached a letter that I have a bank account and the associate submitted it to the social security office. After a few days I received a ss card. No need to go to the ss office. 

 

 

[KKira 1]

Let's see what happens at the embassy. I will let you know as soon as she get a decision.

[KKira 1]

gets*

[jdaveh 58]

After reading posts lately about immigration intent, people trying to find ways to slip past the system, both whether intentional or unintentional; I wonder if USCIS monitors this website?

[Crazy Cat 42,215]

1 minute ago, jdaveh said:

After reading posts lately about immigration intent, people trying to find ways to slip past the system, both whether intentional or unintentional; I wonder if USCIS monitors this website?

Yes, it has been reported that they do monitor VJ.....

[Crazy Cat 42,215]

2 minutes ago, jdaveh said:

After reading posts lately about immigration intent, people trying to find ways to slip past the system, both whether intentional or unintentional; I wonder if USCIS monitors this website?

and there have been cases where posters suddenly went silent, changed user names, attempted  to change stories, and deleted accounts when they were informed of this.

[Loren Y 2,756]

I don't see USCIS trolling this site looking for violations or people trying to get around immigration rules. I really believe they would have better things to do. They catch 30,000 people plus a month ( Well CBP does) trying to enter illegally, and I don't think they are using this website to do it. I mean, I know the government is into some shady activities like listening to my phone calls, monitoring my emails, etc. But that's a stretch to say they are checking forums to catch people.

[NigeriaorBust 4,087]

  VJ has actually been mentioned in interviews.   It isn't hard to search and find a case you are working on if you are on the fence.  For example if this was one   search  Russian, Canada, New York , overstay , sibling     how many hits will you get.  And if I were on the fence after reading this self entitled ####### about how the whole family gamed the system there would be one less self entitled immigrant. 

[Crazy Cat 42,215]

1 hour ago, Loren Y said:

I don't see USCIS trolling this site looking for violations or people trying to get around immigration rules. I really believe they would have better things to do. They catch 30,000 people plus a month ( Well CBP does) trying to enter illegally, and I don't think they are using this website to do it. I mean, I know the government is into some shady activities like listening to my phone calls, monitoring my emails, etc. But that's a stretch to say they are checking forums to catch people.

You can think whatever you want.  However, history shows that USCIS has monitored this web site.....

[SusieQQQ 11,587]

1 hour ago, Loren Y said:

I don't see USCIS trolling this site looking for violations or people trying to get around immigration rules. I really believe they would have better things to do. They catch 30,000 people plus a month ( Well CBP does) trying to enter illegally, and I don't think they are using this website to do it. I mean, I know the government is into some shady activities like listening to my phone calls, monitoring my emails, etc. But that's a stretch to say they are checking forums to catch people.

CBP patrols the physical border (btw source for your number?)

uscis adjudicates cases of would-be immigrants 

and some people are seriously naive enough to use their real names or close enough on here*, making it easy enough for uscis to not have to expend too much effort

 

*this observation is not VJ-specific of course but while that may help scammers on other sites it helps the good guys here

Edited July 20, 2018 by SusieQQQ

[Diane and Chris 651]

1 hour ago, jdaveh said:

After reading posts lately about immigration intent, people trying to find ways to slip past the system, both whether intentional or unintentional; I wonder if USCIS monitors this website?

One could only hope!