Change to adjustment of status

[Rhonda.L 0]

Hi,

 

My minor child & spouse’s F2A petitions have been approved and all documents have been submitted to NVC. The last step is consulate interview but it is yet to be scheduled due to the pandemic. Is it possible for them to enter the U.S. with their B1/2 visa and switch to adjustment of status or have their interview scheduled in the U.S. instead? They would like to wait in their own country-Hong Kong for the interview, but the political situation is getting more tensed & escalating everyday from consulate staff being assaulted outside of the consulate and the consulate is selling their property in HK (a trace of evacuation). I’m afraid if my immediate family members don’t leave the city now, they won’t have a chance to leave once the war begins in South China Sea. 

[Lucky2Lucky 2,526]

12 minutes ago, Rhonda.L said:

Hi,

 

My minor child & spouse’s F2A petitions have been approved and all documents have been submitted to NVC. The last step is consulate interview but it is yet to be scheduled due to the pandemic. Is it possible for them to enter the U.S. with their B1/2 visa and switch to adjustment of status or have their interview scheduled in the U.S. instead? They would like to wait in their own country-Hong Kong for the interview, but the political situation is getting more tensed & escalating everyday from consulate staff being assaulted outside of the consulate and the consulate is selling their property in HK (a trace of evacuation). I’m afraid if my immediate family members don’t leave the city now, they won’t have a chance to leave once the war begins in South China Sea. 

No, that is immigration fraud. A b1/b2 Visa is a non immigrant visa for the purpose of visiting not immigration. Also there are no US Embassies in the US - their interview must be abroad. 

Edited August 28, 2020 by Luckycuds

[JFH 12,190]

Absolutely not. 

[NancyNguyen 1,657]

16 minutes ago, Rhonda.L said:

Hi,

 

My minor child & spouse’s F2A petitions have been approved and all documents have been submitted to NVC. The last step is consulate interview but it is yet to be scheduled due to the pandemic. Is it possible for them to enter the U.S. with their B1/2 visa and switch to adjustment of status or have their interview scheduled in the U.S. instead? They would like to wait in their own country-Hong Kong for the interview, but the political situation is getting more tensed & escalating everyday from consulate staff being assaulted outside of the consulate and the consulate is selling their property in HK (a trace of evacuation). I’m afraid if my immediate family members don’t leave the city now, they won’t have a chance to leave once the war begins in South China Sea. 

Don’t complicate the whole deal.

[geowrian 22,337]

Nope. As noted, entering the US as a tourist with intent to stay is fraud. You need a proper visa to immigrate.

[SusieQQQ 11,586]

They won’t be allowed to use b visas for this purpose. Worst case is if they lie at entry, and get a ban for misrepresentation. I get that it’s fraught, but you really need to be patient and do things right. Good luck.

[SalishSea 17,828]

1 hour ago, Rhonda.L said:

Is it possible for them to enter the U.S. with their B1/2 visa and switch to adjustment of status or have their interview scheduled in the U.S. instead?

No.   This is clear immigration fraud.  Is it worth risking their entire future?

[Rhonda.L 0]

1 hour ago, NancyNguyen said:

Don’t complicate the whole deal.

If you have been keeping up with the international news, Chinese military are already test firing missiles. I’m not trying to complicate my situations. You are not in HK and I understand you may not be familiar with there situation here. But their lives are at risk every minute now. A number of protesters have already fled the city seeking asylum from foreign countries. 

[geowrian 22,337]

So are you planning to seek asylum at the border?

[SusieQQQ 11,586]

52 minutes ago, Rhonda.L said:

If you have been keeping up with the international news, Chinese military are already test firing missiles. I’m not trying to complicate my situations. You are not in HK and I understand you may not be familiar with there situation here. But their lives are at risk every minute now. A number of protesters have already fled the city seeking asylum from foreign countries. 

There are unfortunately many countries around the world already in some form of war/civil war, often with still functioning US embassies. It doesn’t change how US immigration law works, they still have to wait for their correct visas.

 If asylum is an option somewhere as you imply then maybe they should try for that wherever these people are going in the meanwhile while they await their US visas. Is your spouse eligible for BNO?

Edited August 28, 2020 by SusieQQQ

[Rhonda.L 0]

10 hours ago, SusieQQQ said:

There are unfortunately many countries around the world already in some form of war/civil war, often with still functioning US embassies. It doesn’t change how US immigration law works, they still have to wait for their correct visas.

 If asylum is an option somewhere as you imply then maybe they should try for that wherever these people are going in the meanwhile while they await their US visas. Is your spouse eligible for BNO?

Yes my spouse is a BNO holder, but UK is not the country we intended to migrate to. I grew up in the US and that is where all of my connections are, therefore, my spouse will be coming to the US with me. 

Edited August 28, 2020 by Rhonda.L

[Rhonda.L 0]

10 hours ago, geowrian said:

So are you planning to seek asylum at the border?

Not until the US/China has officially declared war. We are waiting for the drafted Safe Harbour Act to pass at the congress. 

[SusieQQQ 11,586]

6 minutes ago, Rhonda.L said:

Yes my spouse is a BNO holder, but UK is not the country we intended to migrate to. I grew up in the US and that is where all of my connections are, therefore, my spouse will be coming to the US with me. 

I understand all that but surely if safety is paramount as you indicated, then leaving to the UK temporarily while awaiting a US visa interview makes sense? Certainly more sense than risking a ban from the US by fraudulently trying to use a B visa to adjust. You can have the location of the interview changed to the UK. 

Edited August 28, 2020 by SusieQQQ

[SalishSea 17,828]

12 hours ago, Rhonda.L said:

If you have been keeping up with the international news, Chinese military are already test firing missiles. I’m not trying to complicate my situations. You are not in HK and I understand you may not be familiar with there situation here. But their lives are at risk every minute now. A number of protesters have already fled the city seeking asylum from foreign countries. 

This may be, but it doesn't change the fact that if you do not go about US immigration in a legal way, you risk long-term bars for your spouse.  I guess you must ask yourself if breaking US law vs exploring other legal and safe options is worth it to you.

[SusieQQQ 11,586]

18 minutes ago, Jorgedig said:

This may be, but it doesn't change the fact that if you do not go about US immigration in a legal way, you risk long-term bars for your spouse.  I guess you must ask yourself if breaking US law vs exploring other legal and safe options is worth it to you.

And there is fortunately a perfectly legal and perfectly safe route available for use while they wait for the US visa, given that spouse has BNO. So there is absolutely no need to risk any route that puts them foul of immigration authorities - especially given the lesser legal protection that family of LPRs have vs family of citizens when it comes to immigration issues.