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Posted (edited)
39 minutes ago, Kanwal Haqqi said:

As far as Plan 2 is concerned, I read on one of the forums that some people have done this too and it worked out for them and it wasn't illegal.

Using a NIV that doesn't allow dual intent to enter the US while having preconceived intent to either adjust status or overstay is always illegal.

 

LPR status and even citizenship can be revoked for willful misrepresentation. I.e. If he tries to enter with a B-1/B-2 and CBP asks "What is the purpose of your visit?", should he lie?

Edited by HRQX
Posted
1 hour ago, Kanwal Haqqi said:

@Jorgedig - Choosing Plan 1, isn't illegal at all. As far as Plan 2 is concerned, I read on one of the forums that some people have done this too and it worked out for them and it wasn't illegal. I was not endorsing any thing illegal. Plan 1 is what I recommend.

So you read incorrect information, and you are repeating it here.  Still incorrect.

Filed: Citizen (apr) Country: India
Timeline
Posted (edited)
1 hour ago, Kanwal Haqqi said:

@Jorgedig - Choosing Plan 1, isn't illegal at all. As far as Plan 2 is concerned, I read on one of the forums that some people have done this too and it worked out for them and it wasn't illegal. I was not endorsing any thing illegal. Plan 1 is what I recommend.

 

38 minutes ago, payxibka said:

You cannot have a preconceived plan to use a nonimmigrant entry to gain an immigrant benefit.  If your circumstances change after arrival, that is a separate matter.   It is an important difference that needs to be understood. 

 

38 minutes ago, HRQX said:

Using a NIV that doesn't allow dual intent to enter the US while having preconceived intent to either adjust status or overstay is always illegal.

 

LPR status and even citizenship can be revoked for willful misrepresentation. I.e. If he tries to enter with a B-1/B-2 and CBP asks "What is the purpose of your visit?", should he lie?

There was a case a couple of years back when I was going through I-130 (I can't seem to find the link to the article) where a person was deported 10-12 years after entering the US and being on LPR based on marriage, when they were applying for Citizenship and some form of material misrepresentation was identified.

She was deported without a second thought even though she had 2-3 children here (and of course a husband).

Edited by Tanish

Timeline Info below:

Spoiler

04/21/16 -- Marriage

----- CR1 Process -----

USCIS Stage [222 days from NOA1]

06/08/16 -- Sent I-130

01/31/17 -- I-130 petition sent to NVC [Received Email notification and MyUscis status update]

NVC Stage [105 days from NOA2]

Embassy/Consulate (Interview) Stage [43 days from Case Complete to Visa in Hand]

05/18/17 -- Consulate Received. CEAC Case status changed to "Ready"

06/01/17 -- Medical Examination [Complete. It took around 2 hours. Total Cost INR 11650 for Surat City Apollo Clinic]

06/12/17 -- Biometric (OFC) Appointment

06/13/17 -- Interview [7:30 AM at Mumbai, India]. Visa Approved

06/15/17 -- Visa in hand

06/21/17 -- POE at DFW (Dallas, Texas)

----- Removal of Condition -----

Removal of Condition (I-751) [Approved]

06/18/2019 -- Sent the package (3 Days before GC expires, cutting it close). Sent to Lewisville, TX via FedEx Ground

06/19/2019 -- Package received at around 9:30 AM (Hoping I don't get rejected for missing deadline)

06/24/2019 -- Card was charged with $680 fees. Text Message received confirming Receipt. Case routed to NBC (Case Number starts with 'MSC')

06/28/2019 -- NOA Hard Copy & 18 Months Extension Letter Received in Mail with NOA Date as 06/19/2019

07/12/2019 -- Biomentrics Appointment Letter received. The Letter is Dated 7/5/2019. Appointment is on 7/22/2019

07/22/2019 -- Biometrics Appointment Complete

02/01/2022 -- Interview Scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Complete. No new Green Card will be produced as my Naturalization was also approved.

03/04/2022 -- USCIS status changed to approved.

----- Naturalization -----

Naturalization (N-400) [Approved]

03/26/2022 -- N-400 online application complete. NOA Date.

01/15/2021 -- Biometric Complete.

02/28/2022 -- Interview scheduled for 3/3/2022 (combo interview)

03/03/2022 -- Interview Passed. Status changed to 'we recommended that your application be approved...' and then to 'Oath Ceremony Will Be Scheduled'.

03/09/2022 -- Oath Ceremony was scheduled for 3/25/2022.

 

Posted

*** Thread is locked as Op has received the appropriate answers. To clarify, planning to use a non-immigrant visa to come to the US and immigrate is fraud and is not condoned. Using a B2 visa for its intended purpose (visiting/tourism) is perfectly fine.

 

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