F2A - Adjustment of Status?

[marina1294 28]

Hi! Back story - my dad just got his green card and moved to the US, my mom and two brothers are in Ukraine

 

I talked to a lawyer and she said that my mom and two brothers can fly to the US on a tourist visa, stay here for a few months and then my dad would file I-130 + Adjustment of status for them. Since F2A visa is current, they don't have to go back to Ukraine and can settle down in the US while they are waiting or their green cards.

 

Does it seam accurate? Has anyone done I-485 on F2A category recently? 

Edited September 2, 2021 by nelya94

[SusieQQQ 11,586]

Using a tourist visa with intent to adjust is fraudulent and contravenes INA214b. If they are honest with the CBP officer on entry, as of course they must be, they walk be denied entry.  
 

Even if they lie (bad idea, have seen reports of cases denied for misrepresentation for lying to immigration officers) there is no guarantee that F2A will still be current in a few months. Also even if they get in, they can’t just “settle down” and wait. actually wait…that’s accurate, that’s about all they can do. Depending on your FO it could take them two years or more to get green cards. 8 months plus to get AP (to allow them to travel out the US) or EAD (to allow them to work). Any work without EAD will mean they are not allowed to adjust status. How old exactly are your brothers? This could have implications for schooling too, especially if getting hear college age.

[aaron2020 11,651]

100% immigration fraud.  DON'T DO THIS.  The lawyer gave you extremely bad advice.

 

It's illegal to use non-immigrant tourist visas to enter the US with the intent to immigrate.  

 

Your mother and brothers could be deny entry, deported and banned from the US for 5 years.

 

Preconceived intent to immigrate could end in their AOS being denied and them being put into deportation.  

Edited September 2, 2021 by aaron2020

[Crazy Cat 41,884]

46 minutes ago, nelya94 said:

Hi! Back story - my dad just got his green card and moved to the US, my mom and two brothers are in Ukraine

 

I talked to a lawyer and she said that my mom and two brothers can fly to the US on a tourist visa, stay here for a few months and then my dad would file I-130 + Adjustment of status for them. Since F2A visa is current, they don't have to go back to Ukraine and can settle down in the US while they are waiting or their green cards.

 

Does it seam accurate? Has anyone done I-485 on F2A category recently? 

 100% fraud....Fire that attorney...Ever wonder why EVERYONE isn't doing that?  Because it is illegal.

Edited September 2, 2021 by Crazy Cat

[SalishSea 17,834]

44 minutes ago, nelya94 said:

Hi! Back story - my dad just got his green card and moved to the US, my mom and two brothers are in Ukraine

 

I talked to a lawyer and she said that my mom and two brothers can fly to the US on a tourist visa, stay here for a few months and then my dad would file I-130 + Adjustment of status for them. Since F2A visa is current, they don't have to go back to Ukraine and can settle down in the US while they are waiting or their green cards.

 

Does it seam accurate? Has anyone done I-485 on F2A category recently? 

This is visa fraud.   Don’t do it.

 

They need to be properly petitioned, just like everyone else.

[Boiler 45,524]

On what basis did your father immigrate to the US, why did he not include his family?

 

Do you have tourist visa's?

[SusieQQQ 11,586]

1 hour ago, Boiler said:

On what basis did your father immigrate to the US, why did he not include his family?

 

Do you have tourist visa's?

Looking at OP’s older posts it seems OP has naturalized, presumably sponsored one parent, then  enquired about i130s for the spouse and remaining children and is now pondering whether to try circumvent the normal process by tourist visas. ( Of course if family does not already have b visas, the question on the application about immediate family members residing in the US is likely to torpedo the applications anyway.)

[SusieQQQ 11,586]

35 minutes ago, SusieQQQ said:

is now pondering whether to try circumvent the normal process by tourist visas. 

Too late to edit above post, in retrospect this wording may have sounded a little harsh as OP is only enquiring about what they were told by a lawyer 

[marina1294 28]

19 hours ago, SusieQQQ said:

Looking at OP’s older posts it seems OP has naturalized, presumably sponsored one parent, then  enquired about i130s for the spouse and remaining children and is now pondering whether to try circumvent the normal process by tourist visas. ( Of course if family does not already have b visas, the question on the application about immediate family members residing in the US is likely to torpedo the applications anyway.)

 

21 hours ago, Boiler said:

On what basis did your father immigrate to the US, why did he not include his family?

 

Do you have tourist visa's?

I became a citizen, and did consular processing for my father. I didn't include my brothers, because the wait time for them would be over 13 years. The plan was for my dad to move here, and then submit 1-130 applications for spouse (my mom) and kids (my brothers) through consular processing. Once he moves here, we would get him a re-entry permit and then he would return to Ukraine to join the family as they wait for visas. it will take 2-3 years, from what I understand

 

but then this lawyer suggested to do the whole adjustment of status thing while my family is here on tourist visas. It sounded too good to be too, I am so glad I asked for advice here