Can anyone other than spouse AOS from tourist visa ?

[Leo7777 243]

Can anyone other than spouse AOS from tourist visa ?

On another discussion site, a person keeps insisting that they know of several instances where relatives (not spouse) of US citizens simply come to USA on tourist visas, and then follow the same AOS procedures as do spouses of USA citizens.

Here are the websites the person shows to back up his argument.

http://www.***removed***/greencard/adjustmentofstatus/

http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/

http://www.peerallylaw.com/en/content/view/562

He says the above prove that it is foolish to have relative (not a spouse) file for immigration status and wait the 10 years or more.

Just have them come to USA on tourist visa, and do AOS.

[NigeriaorBust 4,087]

Certain classes of relatives are able to adjust immedaitely on approval of their I130 , Those are spouse, minor child and parent of a USC. Other classes must wait their turn as only certain number of visa per class are available. Anyone that has a petitionable relationship with an USC or LPR is welcome to visit. If they happen to be in the US when their number becomes available they can adjust status. They can not overstay a visitor visa waiting for their number to be availble. They can no enter the US with a visitors visa with the intent of immigrating.

[aleful 1,905]

hi

exactly, overstay is forgiven for immediate relatives, which are aside from spouses, are parents and children under 21 of a USC

so if they entered on a tourist visa, not coming on purpose to adjust status, but if they entered on a tourist visa, they could adjust status, because there is no waiting,

they aren't subject to the long wait of the visa bulletin

other family members, such as children over 21, single or married or siblings have a long wait and must wait in their country of origin for a visa to become available

[Hypnos 6,576]

Immediate relatives are the parent of a US citizen (and the child is at least 21); a minor child (under 18) of a US citizen; a spouse of a US citizen; and a widow/er of a US citizen (who died within the previous two years).

Edited September 6, 2016 by Hypnos

[Leo7777 243]

Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

[Merrytooth 5,748]

You should laugh at his/her stupidity or ignorance.

[Cheezees 1,514]

Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

So they think people can jump in front of the AOS line without being AOS-eligible? Ha!

[KierenHby 897]

Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

ha

ha

ha

[Cathi 5,610]

one word: IDIOT

[JFH 12,189]

Thanks for the laughs!

No one should be planning to AOS from a tourist visa. The possibility is there for those circumstances where plans change.

To suggest that there is a 10-year wait for people outside the country but you can cut in the line by going on holiday to the USA and "changing your mind" is so ridiculous he's actually embarrassed himself. Why would anyone wait 10 years out of the country, apart from their family, if there were any other legal option?

Has he ever heard of the term "priority date"? Does he think the government issues priority dates and puts together visa bulletins announcing the dates to give their employees something to do in their spare time?

[KierenHby 897]

Just have them come to USA on tourist visa, and do AOS.

And while we're at it.. the USA is giving away a Million bucks to all tourists to help stimulate the US economy.

Come on over ya'll.

[KayDeeCee 4,891]

Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

If their priority date is not current, then they are not eligible to apply for AOS. They do not get to skip the waiting. If you are outside or inside the US, you must still have a current priority date that would grant you an immigrant visa, or no I-485. Only immediate relatives have immigrant visas always available to them, as they are unlimited.

Tell this person to read and try and comprehend what the words are conveying >

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates

[KierenHby 897]

No one should be planning to AOS from a tourist visa. The possibility is there for those circumstances where plans change.

Blame the loopholes in our laws that B2 => AOSers seek to exploit.

[Cheezees 1,514]

Blame the loopholes in our laws that B2 => AOSers seek to exploit.

Yup!

Let overstays NOT be forgiven and watch the number of B1/B2 applications dwindle and the number of people leaving after their 3-6 months skyrocket. The airports would not be able to handle the traffick.

[Mounat 74]

Yup!

Let overstays NOT be forgiven and watch the number of B1/B2 applications dwindle and the number of people leaving after their 3-6 months skyrocket. The airports would not be able to handle the traffick.

As an immigrant, more than once, I'm not one to pull the ladder up behind me. It's a good idea to explain the rules/laws to those who don't know or misunderstand them. Furthermore, just because something is law does not make it right or appropriate for the time. USCIS is a complex labyrinth of laws many of which are in desperate need of reform. Some should be repealed outright.

Tens of millions of people are on the move today due to conflict and many more due to economic depressions. And yet we read today that there's an epidemic of loneliness in England. Untold wasted food and billions sleeping hungry. A little bit of compassion goes a long way.