Adjustment of Status for Tourist Visa Holder

[geowrian 22,337]

2 minutes ago, elaw2k2 said:

Since she's on a B visa, therefore she has the option to start her process while she's on a visit to the USA. An adjustment of status is just that; an adjustment from a nonimmigrant status (B visa in this case) to a permanent resident status.

 

You need to check the facts of the case before jumping on the "fraud" bandwagon. 

She's not in the US, though. She would have to commit fraud by entering with intent to file for AOS first...wherein lies the problem.

Edited November 12, 2019 by geowrian

[SalishSea 17,851]

1 minute ago, elaw2k2 said:

 

Since she's on a B visa, therefore she has the option to start her process while she's on a visit to the USA. An adjustment of status is just that; an adjustment from a nonimmigrant status (B visa in this case) to a permanent resident status.

 

You need to check the facts of the case before jumping on the "fraud" bandwagon. 

YOU need to check the facts.  She is not currently in the US.  If she enters now on a B visa, intending to adjust status, that is FRAUD.  I have asked for this thread to be closed due to your persistent TOS violations in planning for fraud.

[duravit 6]

21 minutes ago, geowrian said:

After that, search the INA (an official source). There is no hard time limit in the US other than what they are given via their I-94 (provided upon entry). This is typically 6 months but can theoretically be anywhere from 1 day up to 1 year.

That said, there is no time limit across multiple visits. There are certainly issues it raises such as tax consequences, benefit coverage back home, and risk of being denied entry for living in the US. It's not advisable to spend over 6 months in the US over a year, but there is nothing actually prohibiting it either.

Yes, there's no time limit across multiple visits. But a person cannot stay more than 6 months during a visit. When renewing a B visa, there's actually a question in the online application that asks specifically if you've stayed more than 6 months in the US. That's enough grounds to deny the visa renewal.

Edited November 12, 2019 by elaw2k2

[Lucky2Lucky 2,526]

I think you are not understanding. Most people here want to help you. If she is “on” a B visa then she must be in the USA now and she can adjust status. If she has a B visa, but is not currently in the USA, then there is no adjusting. If you plan on her coming to the USA on her B visa and her then adjusting status- that is fraud because she is coming in with immigrant “intent” and not to “visit”.

[duravit 6]

4 minutes ago, Luckycuds said:

I think you are not understanding. Most people here want to help you. If she is “on” a B visa then she must be in the USA now and she can adjust status. If she has a B visa, but is not currently in the USA, then there is no adjusting. If you plan on her coming to the USA on her B visa and her then adjusting status- that is fraud because she is coming in with immigrant “intent” and not to “visit”.

Her intention is to VISIT, like she's done every year for the past eight years.

[SalishSea 17,851]

1 minute ago, elaw2k2 said:

Her intention is to VISIT, like she's done every year for the past eight years.

Per this entire thread, I think you know that her intention is to VISIT and ADJUST STATUS.  

[The_Empyrean 733]

to OP:

So umm... If you know so much, why ask here then?

She clearly has intention to immigrate using B visa, which is visitors. She'd lie on the border that she has no intent to stay here and she'll leave before her visa is up (thats what you agree with when entering, that you DO NOT HAVE ANY INTENTIONS OF STAYING/ADJUSTING). So yeah, i don't get your "adjust" from visitors visa isn't fraud. She would be lying to the border officer. That is fraud:

fraud

/frôd/

noun

wrongful or criminal deception intended to result in financial or personal gain.

Edited November 12, 2019 by The_Empyrean

[The_Empyrean 733]

2 minutes ago, The_Empyrean said:

to OP:

So umm... If you know so much, why ask here then?

She clearly has intention to immigrate using B visa, which is visitors. She'd lie on the border that she has no intent to stay here and she'll leave before her visa is up (thats what you agree with when entering, that you DO NOT HAVE ANY INTENTIONS OF STAYING/ADJUSTING). So yeah, i don't get your "adjust" from visitors visa isn't fraud. She would be lying to the border officer. That is fraud:

fraud

/frôd/

noun

wrongful or criminal deception intended to result in financial or personal gain.

 

5 minutes ago, elaw2k2 said:

Her intention is to VISIT, like she's done every year for the past eight years.

I dare you to tell on the border that she'll adjust status while VISITING.. see how that goes..

[Lucky2Lucky 2,526]

17 minutes ago, antifragile said:

Her intention is to VISIT, like she's done every year for the past eight years.

That’s fine if her intention is to visit.

If her intent is to immigrate then that’s where the issue is. 

This entire post, title included, have suggested otherwise (intent to adjust).

[duravit 6]

Seems I was wrong. She will go through consular processing. 

Edited November 12, 2019 by duravit

[Nat&Amy 623]

58 minutes ago, duravit said:

 

Since she's on a B visa, therefore she has the option to start her process while she's on a visit to the USA. An adjustment of status is just that; an adjustment from a nonimmigrant status (B visa in this case) to a permanent resident status.

 

You need to check the facts of the case before jumping on the "fraud" bandwagon. 

The purpose of a visitor visa is to visit, nothing else.

 

Adjustment of status exists for those who had an unexpected change in their circumstances while in the United States. Clearly that is NOT your case.

 

Do your homework before trying to teach others here, and do not bend the facts to suit your circumstances.

 

 

[Ontarkie 14,234]

~~Thread locked for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~