Tourist Visa - AoS

[Joe30 17]

Anyone know if USCIS expects upfront (i130 & i485) documents/evidence of the original intent to leave but then change of plan later on which led to AoS? 
 

Basically, do they want to see records from home country, continuation of school and/or work? ...That shows the original intent to have left? 

Edited June 14, 2021 by Joe30

[Crazy Cat 41,845]

5 minutes ago, Joe30 said:

Anyone know if USCIS expects upfront (i130 & i485) documents/evidence of the original intent to leave but then change of plan later on which led to AoS? 
 

Basically, do they want to see records from home country, continuation of school and/or work? ...That shows the original intent to have left? 

No.  The intent was established when the person entered the US.  The subject will not even be addressed at the interview...unless there was misrepresentation when entering.,

Edited June 14, 2021 by Lucky Cat

[Joe30 17]

1 minute ago, Lucky Cat said:

No.  The intent was established when the person entered the US.  The subject will not even be addressed at the interview...unless there was misrepresentation when entering.,

Understood. No misrepresentation occured. 

[Crazy Cat 41,845]

5 minutes ago, Joe30 said:

Understood. No misrepresentation occured. 

I know of only one case in which there was an issue at the adjustment of status interview.  In that case, the applicant was accused of misrepresentation based on some specific questions which she was asked during a secondary inspection at her POE.  At the adjustment of status interview, she contradicted the answers she previously gave to CBP.   

[Joe30 17]

48 minutes ago, Lucky Cat said:

I know of only one case in which there was an issue at the adjustment of status interview.  In that case, the applicant was accused of misrepresentation based on some specific questions which she was asked during a secondary inspection at her POE.  At the adjustment of status interview, she contradicted the answers she previously gave to CBP.   

What was the outcome

[Crazy Cat 41,845]

Just now, Joe30 said:

What was the outcome

I'm not sure.  The couple was issued a denial, but planned to fight it.  If the poster ever returned, I missed it. 

[USC4SPOUSE 506]

20 hours ago, Joe30 said:

Understood. No misrepresentation occured. 

@Joe30, typically, the issue will not even come up during the AOS interview. I personally know of one case in which the officer accused the intending immigrant of misrepresentation. In a nutshell, the intending immigrant had entered the US several times for different reasons - a couple of times as a student and the last time to do a quick course/study. This was ~10 maybe 15 years ago. At any rate, the officer granted this person a short stay of 90 days. The person did the study/course but ended up overstaying and moved in with family.

 

Now, fast forward to 2017 - This intending immigrant married a US citizen and filed for AOS. They had their interview in 2018. During the interview the officer revisited the intent of each entry and expected the intending immigrant to recite verbatim what she had said to the CBP officer at the port of entry. Because the intending immigrant did not leave the US after the last entry and overstayed, the officer accused the intending immigrant of misrepresentation. The whole thing blew up and USCIS denied the I-485 (I think). They had to appeal it and submit a waiver and prove that the US citizen would experience hardship if the intending immigrant's AOS were not approved. 

 

Truth is there was no misrepresentation. This goes to show that an immigration officer may accuse you of it and even there is none, that still throws a wrench on your process because you have to then prove USCIS otherwise. 

 

They first went to a "renowned" lawyer who agreed to take the case pro-bono and assigned it to an intern. The intern took the wrong approach and spent too much time proving hardship to the intending immigrant. I told them flat out - you need another lawyer. That won't work -. They did get another lawyer who focused on hardship to the US citizen and focused on the US citizen's mental health. The waiver was approved and she got her conditional green card. The submitted the I-751 already and it should be approved without any issues.

 

I really do not know how it all got that convoluted. That is why I took a lawyer to our interview. I just wanted to make sure that if we were separated, my husband would have the lawyer there to seek clarification if there was tricky question or a question worded in a way to make him trip over his words.