Jump to content
simaysimon

Adjustment of status on tourist visa

 Share

95 posts in this topic

Recommended Posts

Filed: IR-5 Country: Colombia
Timeline
3 minutes ago, Allaboutwaiting said:

 

I don't think intent is considered per se as an inadmissibility -unless it is written in some of the non public parts of the USCIS policy manual-.

It might be just one of the many ways material misrepresentation happens.

 

Besides specific questioning about intent at entry during an interview, I wonder how deep officers can/do dig to find it. 

For more than 30 years I have traveled to the USA and believe me that they ask strange questions sometimes and also on several occasions I have had to live the second inspection which is a more in-depth review

Link to comment
Share on other sites

4 hours ago, simaysimon said:

I was wondering if I am able to file for my parents’ permanent residency while they are in the U.S on tourist visa.

Are they already in the US?

Link to comment
Share on other sites

6 minutes ago, Wals said:

For more than 30 years I have traveled to the USA and believe me that they ask strange questions sometimes and also on several occasions I have had to live the second inspection which is a more in-depth review

I meant USCIS officers during an AOS interview.

 

I know CBP officers throw the weirdest questions sometimes, and unless there's a negative outcome, those brief interviews at entry make good/funny anecdotes. 

Now I think it would be cool to have a thread on "What's the weirdest you've been asked by CBP?". 😆

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline
8 minutes ago, Wals said:

For more than 30 years I have traveled to the USA and believe me that they ask strange questions sometimes and also on several occasions I have had to live the second inspection which is a more in-depth review

I’ve been travelling to the US for over 40 years .. immigrated twice .. on VWP and ESTA for 25 plus years and over 40 visits ..been asked questions each time ..  never had to go to secondary ever .. no two  people’s situations are the same .. my experiences are just that .. yours are yours .. cannot extrapolate or generalise to others .. 

Link to comment
Share on other sites

39 minutes ago, simaysimon said:

I just had a conversation with my spouse to see if it is possible for them to adjust their status and live with us while their here to visit.

Not unless they are already here visiting.  If they come here with the intent to adjust, that is illegal.  You would need to petition them and get in line with everyone else.

Link to comment
Share on other sites

Filed: IR-5 Country: Colombia
Timeline
7 minutes ago, Lil bear said:

I’ve been travelling to the US for over 40 years .. immigrated twice .. on VWP and ESTA for 25 plus years and over 40 visits ..been asked questions each time ..  never had to go to secondary ever .. no two  people’s situations are the same .. my experiences are just that .. yours are yours .. cannot extrapolate or generalise to others .. 

 

7 minutes ago, Lil bear said:

I’ve been travelling to the US for over 40 years .. immigrated twice .. on VWP and ESTA for 25 plus years and over 40 visits ..been asked questions each time ..  never had to go to secondary ever .. no two  people’s situations are the same .. my experiences are just that .. yours are yours .. cannot extrapolate or generalise to others .. 

.

Edited by Wals
Link to comment
Share on other sites

41 minutes ago, simaysimon said:

My naturalization is still in the process. I just had a conversation with my spouse to see if it is possible for them to adjust their status and live with us while their here to visit. That is why i wanted to know if it is possible to do so. Thank you everybody for your opinions!

The fact that you are not yet a citizen means the answer is no, they can’t. 

Link to comment
Share on other sites

19 minutes ago, Wals said:

For more than 30 years I have traveled to the USA and believe me that they ask strange questions sometimes and also on several occasions I have had to live the second inspection which is a more in-depth review

Really? I travelled regularly for, hmm, around 25 years before I immigrated. Never got asked a strange question and the only time I ever got into secondary was when we came in on our immigrant visas. Despite 3 different immigrant petitions in progress at different times over the years I traveled as a tourist/for work. The only “strange” thing, at a stretch, was that on one of my work visits I got given 3 rather than 6 months stay. 

Edited by SusieQQQ
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Thailand
Timeline
7 minutes ago, Wals said:

For more than 30 years I have traveled to the USA and believe me that they ask strange questions sometimes and also on several occasions I have had to live the second inspection which is a more in-depth review

I'm a US citizen and have been pulled into secondary more than a few times also when returning to the US. It happens all the time. I've been grilled a few times. So it's anyone that can happen to.

As for the AOS within 90 days of entry, I have married people that came in on a tourist visa less than 8 hours, yes hours after coming thru POE and then they successfully adjusted status and are living happily ever after. Or, as far as I know they are. Intent is determined at POE. I didn't know that his fiancee had literally just arrived here in a tourist visa until after the marriage was registered. Now, it's not my job to judge, but your going to tell me this lady flew into town, met the love of her life, and decided to spend the rest of her life with this guy all within 8 hours? I'm pretty sure it was planned in advance, but I'm not CBP, and as long as it's a legal wedding based on state laws, and they have a license I'll marry them. Can this be proved, probably not, intent was determined at POE and they let her enter.  Did they have issues down the road with AOS, I will never know, but considering the date of the marriage being recorded and legalized is the same day she entered on her visa it may have been brought up, but we will never know.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

Link to comment
Share on other sites

Filed: IR-5 Country: Colombia
Timeline
8 minutes ago, Lil bear said:

I’ve been travelling to the US for over 40 years .. immigrated twice .. on VWP and ESTA for 25 plus years and over 40 visits ..been asked questions each time ..  never had to go to secondary ever .. no two  people’s situations are the same .. my experiences are just that .. yours are yours .. cannot extrapolate or generalise to others .. 

maybe they don't understand what I meant and that is if they do if they ask and if they investigate

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
4 hours ago, geowrian said:

  1) Please do not edit the text of somebody's quote. This is prohibited by the the TOS. You may have an auto-translator doing it.

 

2) Can you provide an example of where preconceived immigrant intent was a reason for denial of AOS as the IR of a USC?

Can you indicate how the OP's case materially differs from those in Matter of Battista or Matter of Cavazos so as to why those findings would not apply?

 

I'm actually a proponent that their is no blanket protection of intent due the above cases, but equities involved matter - and those clearly would not be an issue in this case IMO. There is also zero evidence presented that they actually lied about intent at POE...the only claimed issue is timing. The "rule" referenced above does not apply for USCIS adjudication of a benefit, so timing alone is not an issue.

 

Yes, a material misrepresentation at POE can still be an inadmissibility. But preconceived intent cannot be a sole reason for denial of AOS here, per the above BIA rulings.

They lied to the embassy official.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jordan
Timeline

Are your parents already in the U.S? 

 

If they are not here they cannot enter the U.S. with the intent to stay and adjust status.


Link to comment
Share on other sites

11 hours ago, simaysimon said:

I was wondering if I am able to file for my parents’ permanent residency while they are in the U.S on tourist visa.

And back to the op question..

 

if they are currently in the country, yes they can apply to adjust.

 

if they haven’t yet arrived and plan to adjust after arrival, then the answer is no. 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Link to comment
Share on other sites

11 hours ago, Wals said:

once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud

And I’ll also comment on the above quote.. 

 

you are wrong, I arrived in the US on 3/10/2020. And submitted my AOS package to USCIS 6 weeks later and I’ll tell you right now I am not committing fraud. 

 

I really dont mind if you agree or not, but things happen that require AOS that are out of the control of an individual, that’s  what the AOS process is there for... example... a world wide pandemic that sees thousands of flights cancelled...

 

the 90 day rule is a myth, why should I have to let my authorised stay expire, making me an illegal overstay before I can submit the AOS? It’s illogical that you’d suggest a person should become an illegal in order to avoid fraud.. noting that the maximum esta permits is 90days, which is adjustable to a shorter period at POE.. 

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Link to comment
Share on other sites

12 hours ago, Wals said:

it is possible that you are right but in my personal case consult with lawyers and they advised me to wait 90 days, for that reason I preferred the consular procedure, my advice is better to wait 90 days

Not all immigration lawyers give correct advice.

 

The rule you mention is a Department of State (DOS) rule; so consular processing applicants are subject to it because they face DOS officers. This thread is about Adjustment of Status for an Immediate Relative (IR); preconceived intent can't be the sole reason for denial of Adjustment of Status for an IR:

  • "It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers.https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
  • Matter of Cavazos Board of Immigration Appeals precedent decision: "We believe, however, that the policy manifest in the Instruction, i.e., to favor immediate relatives seeking a grant of adjustment of status by essentially negating preconceived intent as an adverse factor in meritorious cases, may appropriately be adopted by the immigration judge and the Board in exercising discretion on applications for relief under section 245."
  • Matter of Battista Board of Immigration Appeals precedent decision
Edited by HRQX
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...