Why does the US hate AOS from tourist visas?

[Jordanian Bride 268]

Hey guys, don't jump on the hate train! We're not planning to do that, and can't anyway.

 

I've been studying the immigration process very closely ever see we embarked on this journey, and I don't get it from a US point of view. If you adjust status, then you qualify for a green card, and your visa bulletin is current. It's not like you are adjusting status despite an ineligibility to do so. What kind of problems, possibly security or workload related does it create for USCIS for aliens to adjust status from a tourist visa?

 

I am not looking for an answer like "Well, it wouldn't be fair to the immigrants who went through consular processing." I know it isn't fair, but USCIS doesn't care about how we feel, so what's the actual reason?

[Crazy Cat 41,805]

***Moved to General Immigration Related-Related Discussion Forum****

 

By law, A tourist visa is for.......tourism.  

Edited May 23, 2022 by Crazy Cat

[Vickys_Mom 223]

When you enter the country on a tourist visa, you're going to be asked questions about whether or not you plan to stay in the United States past the end of your tourist visa.  (I'm not familiar with the paperwork you fill out for a tourist visa, but I bet there are questions on it about whether you plan to stay.)

 

You are expected to answer the questions honestly.

 

If you come in on a tourist visa with the intent of staying and filing for AOS, you're breaking the law.  And if you should get caught, not only will you leave the U.S. but you may incur a ban that prevents you from returning to the United States for several years.  And every time you try to enter the U.S. afterwards, there will be an indicator on your file with USCIS that you lied to them at one point.

 

If you're willing to commit fraud just to avoid the wait, there's nothing that anyone here can say to stop you.

 

Regards,

Vicky's Mom

 

[Jordanian Bride 268]

8 minutes ago, Vickys_Mom said:

When you enter the country on a tourist visa, you're going to be asked questions about whether or not you plan to stay in the United States past the end of your tourist visa.  (I'm not familiar with the paperwork you fill out for a tourist visa, but I bet there are questions on it about whether you plan to stay.)

 

You are expected to answer the questions honestly.

 

That makes sense. I, too, am not familiar with the paperwork you fill out for a tourist visa. That being said, we are N O T conspiring to commit visa fraud, so you don't have to warn me.

 

This is a casual discussion about the approach USCIS takes, and not a protest against it. I find that US immigration puts a lot of weight into intention, which to me is really strange. It's good for immigrants, but it surprises me!

Edited May 23, 2022 by Jordanian Bride

[Boiler 45,441]

I am not aware that USCIS does

 

It is a clear breach of the VJ terms of service and that is what really matters 

 

You may recollect agreeing to the TOS  when you joined VJ

[Jordanian Bride 268]

Guys, y'all are not reading the post. I am not protesting and whining that we want to adjust status on a tourist visa. I come from a high visa fraud country, and I hate that we created that reputation for ourselves.

 

That being said, I am trying to discuss why it is unethical in the eyes of the law, and if there are security and other concerns I am overlooking. I know we have a strict policy against visa fraud, and I don't see how I am going against that? This is a discussion about USCIS concerns.

Edited May 23, 2022 by Jordanian Bride

[JeanneAdil 6,489]

• Because it bypasses the entire system of security checks in the home country that is done there by the embassy
• and USCIS has to do it from here which ties up the federal system(s) that have to search for answer(s) and security checks from foreign governments 

Doing this involves several branches of the federal government

for one a tourist does not have to provide a criminal report and medical exam so all the paperwork that would have been done from homeland now has to be done from here and is much harder to do especially from governments that are poor record keepers 

Edited May 23, 2022 by JeanneAdil

[Jordanian Bride 268]

1 minute ago, JeanneAdil said:

• Because it bypasses the entire system of security checks in the home country that is done there by the embassy
• and USCIS has to do it from here which ties up the federal system(s) that have to search for answer(s) and security checks from foreign governments 

Doing this involves several branches of the federal government

for one a tourist does not have to provide a criminal report and medical exam so all the paperwork that would have been done from homeland now has to be done here 

Thank you, you're the first to answer my question without preaching to the converted!

 

But I always thought, even if so, don't the immigrants adjusting status have to provide criminal report from their home country (and any other country they have resided in aged 16+)?

[mushroomspore 3,044]

6 minutes ago, Jordanian Bride said:

Thank you, you're the first to answer my question without preaching to the converted!

 

But I always thought, even if so, don't the immigrants adjusting status have to provide criminal report from their home country (and any other country they have resided in aged 16+)?

For AOS, you do not submit such documents. To answer your question, a lot of people don't like this route (B2 to AOS) because it's seen as the easiest way to commit fraud. I don't have exact stats but it would be interesting to know if B2 AOS cases does indeed yield the most fraud investigations. Fraud can happen under any category though. A couple years ago in Los Angeles, a local cafe shut down while a 2nd location was being built in the city. Turns out the owner had violated their investor visa (EB5, I think?) and basically misused the millions that had been given to them for the operation. Yikes!!

 

Also wanna add that there are many stories of immigration fraud with the student visa. Lots of fake schools out there that just take people's money who want a way into the US and are not actual educational institutions.

Edited May 23, 2022 by mushroomspore

[Jordanian Bride 268]

3 minutes ago, mushroomspore said:

For AOS, you do not submit such documents.

So there is no submitting police reports for AOS from a tourist visa? Isn't that a major loophole?

 

3 minutes ago, mushroomspore said:

For AOS, you do not submit such documents. To answer your question, a lot of people don't like this route (B2 to AOS) because it's seen as the easiest way to commit fraud. I don't have exact stats but it would be interesting to know if B2 AOS cases does indeed yield the most fraud investigations. Fraud can happen under any category though. A couple years ago in Los Angeles, a local cafe shut down while a 2nd location was being built in the city. Turns out the owner had violated their investor visa (EB5, I think?) and basically misused the millions that had been given to them for the operation. Yikes!!

Now this is the kinda juice I started this topic for!

Do you know any more about the story? If the owner has opened a business providing jobs to at least 10 US citizens (and brought $0.5million), then he did what he came to the USA to do, right?

[Daphne . 1,852]

38 minutes ago, Jordanian Bride said:

Hey guys, don't jump on the hate train! We're not planning to do that, and can't anyway.

 

I've been studying the immigration process very closely ever see we embarked on this journey, and I don't get it from a US point of view. If you adjust status, then you qualify for a green card, and your visa bulletin is current. It's not like you are adjusting status despite an ineligibility to do so. What kind of problems, possibly security or workload related does it create for USCIS for aliens to adjust status from a tourist visa?

 

I am not looking for an answer like "Well, it wouldn't be fair to the immigrants who went through consular processing." I know it isn't fair, but USCIS doesn't care about how we feel, so what's the actual reason?

I am not sure if the US hates AOS from tourist visas but I do think that it almost has a sense of dishonesty. How can somebody go from  " I am going to visit the US for x weeks" (and show strong ties to their home country) to " I am just going to stay" (never mind the ties I had, I will text my boss that I quit my job, email my landlord that I want to end my lease etc.) I honestly never understood how people were just able to that, but that is just me..

[Jordanian Bride 268]

6 minutes ago, mushroomspore said:

Also wanna add that there are many stories of immigration fraud with the student visa. Lots of fake schools out there that just take people's money who want a way into the US and are not actual educational institutions.

I heard about that. Luckily, COs now have lists of schools to avoid. I heard of this school in MN that has in-state tuition for international students. Apparently Indians and Chinese apply to them to get to the country to later secure jobs.

[mushroomspore 3,044]

Just now, Jordanian Bride said:

So there is no submitting police reports for AOS from a tourist visa? Isn't that a major loophole?

 

Now this is the kinda juice I started this topic for!

Do you know any more about the story? If the owner has opened a business providing jobs to at least 10 US citizens (and brought $0.5million), then he did what he came to the USA to do, right?

USCIS conducts the criminal background checks for AOS applicants. 

 

As for the cafe owner, I don't have all the details. Technically he did open the business and the cafe was operational for a time. But obviously he got caught misusing the millions while the 2nd location was being built and that's a violation of the visa. He effed around and found out. The govt ultimately doesn't care what his original intentions were or the fact he did have an operational business at one point...it turned illegal and unethical. So he's out.

[mushroomspore 3,044]

2 minutes ago, Jordanian Bride said:

I heard about that. Luckily, COs now have lists of schools to avoid. I heard of this school in MN that has in-state tuition for international students. Apparently Indians and Chinese apply to them to get to the country to later secure jobs.

Yes I've heard more stories about these fake schools. There have been some stories about fake marriage operations too. Criminals are gonna criminal, no matter what.

[Pinkrlion 2,715]

It is immigration fraud