Petitioning parent on a Tourist Visa

[osisgerd29 0]

Hi,

Just wanted to know if it will be considered a visa fraud if i file a petition for my parent who is in the US right now on a tourist visa.

Can he stay here while the petition is on process?? He just came here 3 days ago.

And what are the forms to fill up.

Thanks a lot

[DaveSana 13]

YEP!

[JFH 12,189]

Not immigration fraud as they have already been admitted by CBP and were found to have no immigration intent. Am assuming they did not lie to the CBP officer at the airport?

That was, however, a very quick change of mind.

*~*~*moved from "bringing family members of USCs" to "AOS from work, study and tourist visas" as the people in question are already in the USA*~*~*

[DaveSana 13]

Not immigration fraud as they have already been admitted by CBP and were found to have no immigration intent. Am assuming they did not lie to the CBP officer at the airport?

That was, however, a very quick change of mind.

*~*~*moved from "bringing family members of USCs" to "AOS from work, study and tourist visas" as the people in question are already in the USA*~*~*

"They have already been admitted by CBP" - is your reason for dismissing the issue of fraud!!!

Are you serious, JFH!!!

Your assumption/presumption, while convenient, is not compelling.

Intent can absolutely be found subsequent to port-of-entry.

They can very well be denied AOS, and told to leave and apply for the appropriate immigrant visa.

After three days!!! Get real!

Dave

Edited December 5, 2016 by DaveSana

[Ketsuban 1,034]

"They have already been admitted by CBP" - is your reason for dismissing the issue of fraud!!!

Are you serious, JFH!!!

Your assumption/presumption, while convenient, is not compelling.

Intent can absolutely be found subsequent to port-of-entry.

They can very well be denied AOS, and told to leave and apply for the appropriate immigrant visa.

After three days!!! Get real!

Dave

Setting aside the three day mind change, it's not fraud if the intent when they entered the country truly was not to remain. They also cannot use intent at the border alone to deny the Green Card but it could give cause for them to scrutinize the immigrant further if they wanted to I suppose.

[DaveSana 13]

You two are setting aside the very issue that will be a factor.

Must be nice to presume that you can fly - assuming gravitation force is zero! lol

You are requiring the CO to presume that during the entire tourist visa process, and the entire plan to come to America - three days before - that the thought of immigrating was not the intention.

That after only three days in America, the thought came to mind - Wow, it is nice here, with the family, etc.etc., ya know what...I think that I will just stay!!!" lol

Assuming away the problem - is a bad strategy, analysis, and plan.

Consular officers are required by law to assume the exact opposite.

Dave

Edited December 5, 2016 by DaveSana

[DaveSana 13]

US Consular officers are required by law to assume that all Tourist Visa applicants are intending immigrants, until demonstrated otherwise to their satisfaction.

US Consular officers are required by law to assume that all Tourist Visa holders intending to adjust status were intending immigrants, until demonstrated otherwise to their satisfaction.

US Customs and Border Protection officers are required by law to assume that all Tourist Visa holders requesting permission to enter the country at the border are intending immigrants until demonstrated otherwise to their satisfaction.

The onus is always on the visa holder to overcome that presumption of intent - not the other way around.

Read the Regs!

Dave

[Mounat 74]

The onus is always on the visa holder to overcome that presumption of intent - not the other way around

Visa was issued to the satisfaction of the embassy and the person entered the US to the satisfaction of CBP. Both knew that person has a USC child.

Intent is irrelevant.

OP, read about concurrent filing for the necessary forms.

Edited December 5, 2016 by Mounat

[Roel 7,191]

Must be nice, using the tourist visa to skip the whole, proper process. <3 And here I am, planning everything to sponsor my parents properly. Am I the only one who wants Trump to eliminate the option to AoS from the tourist visa?

[Ketsuban 1,034]

US Consular officers are required by law to assume that all Tourist Visa applicants are intending immigrants, until demonstrated otherwise to their satisfaction.

US Consular officers are required by law to assume that all Tourist Visa holders intending to adjust status were intending immigrants, until demonstrated otherwise to their satisfaction.

US Customs and Border Protection officers are required by law to assume that all Tourist Visa holders requesting permission to enter the country at the border are intending immigrants until demonstrated otherwise to their satisfaction.

The onus is always on the visa holder to overcome that presumption of intent - not the other way around.

Read the Regs!

Dave

And that's exactly what they did, otherwise they wouldn't be in the US right now. You've missed the point - they no longer need to prove no immigrant intent. They have a path to a Green Card whether it hurts people's feelings or not. It's just how it is. Even if this was their intent all along and they did break the law, USCIS can't deny the adjustment of status for that reason alone.

If they were still in the process of applying for a tourist visa or were about to pass through a border then what you said would be relevant. It no longer is.

You're also talking about consular officers a lot. They won't be encountering one again since they're adjusting status, not applying for a visa.

Edited December 5, 2016 by Ketsuban

[Mounat 74]

Must be nice, using the tourist visa to skip the whole, proper process. <3 And here I am, planning everything to sponsor my parents properly. Am I the only one who wants Trump to eliminate the option to AoS from the tourist visa?

There's also VWP that skips the embassy altogether. You'll have to plug many paths to AOS and not just the B-2.

And don't even get me started on Canadians!

Edited December 5, 2016 by Mounat

[Russ&Caro 1,548]

DaveSana, I have a feeling nothing is going to calm you down about this, but consider this... the OP need not file AoS today, just 3 days after POE. He/she can file for their parent 30 days from now and then the appearance of intent that you're all up in arms about, won't exist. So really, it's a fool's errand for a CO to try to establish intent in this case when the parent has lawfully entered on a tourist visa and passed muster at POE.

[Roel 7,191]

There's also VWP that skips the embassy altogether. You'll have to plug many paths to AOS and not just the B-2.

Not really. VWP is also for tourism, mostly. Just make sure that no one who came to the USA as a tourist can adjust the status. It would be pretty fair for everyone in my opinion. I'm sorry, I'm a judgmental here (its a public forum and I'm sure I can share my opinion), but people like OP and others who use shortcuts in immigration make me ... well. Upset.

[Mounat 74]

Not really. VWP is also for tourism, mostly. Just make sure that no one who came to the USA as a tourist can adjust the status. It would be pretty fair for everyone in my opinion. I'm sorry, I'm a judgmental here (its a public forum and I'm sure I can share my opinion), but people like OP and others who use shortcuts in immigration make me ... well. Upset.

I hear you. The inequities and unfairness built into the system are astounding.

And yes, there's a lot of emotion involved. I cheer for the laws that benefit me and jeer at those that don't. It's human nature.

And when two people discuss why the immigration system in the US is broken, they have three opinions between them.

The struggle is real!

[aaron2020 11,651]

Hi,

Just wanted to know if it will be considered a visa fraud if i file a petition for my parent who is in the US right now on a tourist visa.

Can he stay here while the petition is on process?? He just came here 3 days ago.

And what are the forms to fill up.

Thanks a lot

Hi,

It's perfectly fine for your parent to file to adjust status.

While it's immigration fraud to enter the US with the intent to adjust status, US laws are inconsistent. Under US laws, USCIS can not deny the AOS of an Immediate Relative of a USC for immigrant intent alone. See Matter of Batista and Matter of Cavazos. Even if your parent had immigrant intent, it no longer matters since USCIS can not deny the AOS for a green card for having immigrant intent.

Follow the Guide. No reason to list all the forms when there is a Guide.

Best of luck.

Edited December 5, 2016 by aaron2020