Petitioning parent on a Tourist Visa

[aaron2020 11,651]

"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

Dave,

You need to get real. Your assumption/presumption while convenient are completely wrong. Google Matter of Batista and Matter of Cavazos.

Immigrant intent does not matter once a person is admitted to the US and that person is filing for AOS based on being an IR of a USC.

You are wrong on this. The law no longer cares about immigrant intent.

Edited December 5, 2016 by aaron2020

[Ben&Zian 4,397]

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?

This is one thing I think he will attack immediately; entirely eliminate the possibility of immigration regardless of intent or not. And honestly myself have no issues with this being done. The AOS while on tourist visas, whether through a quick marriage or "change of mind" is too iffy honestly for me.

[Transborderwife 4,666]

This is one thing I think he will attack immediately; entirely eliminate the possibility of immigration regardless of intent or not. And honestly myself have no issues with this being done. The AOS while on tourist visas, whether through a quick marriage or "change of mind" is too iffy honestly for me.

completely disagree once Trump sees how much money makes from aos from tourist visas and how much of his budget he would have to replace it with.

aos from tourist visas are for people like me. i had a genuine probleem, aos from a b2,fixed it. my health and the life of my child was more important

[Roel 7,191]

My last word in this discussion. Do you people really believe that OP didn't plan to adjust parents status from the start? Do you really believe they came here as tourist and then suddenly decided to stay? Sigh.

Wishing people like this "good luck" is only encouraging other to commit similar frauds. And making them feel that it's ok. So I suppose to should be bringing my parents on tourist visa and doing aos also and you will wish me best of luck too? I hope OP will get a lot of issues with this AoS. Bye.

Edited December 5, 2016 by Roel

[Transborderwife 4,666]

My last word in this discussion. Do you people really believe that OP didn't plan to adjust parents status from the start? Do you really believe they came here as tourist and then suddenly decided to stay? Sigh.

Wishing people like this "good luck" is only encouraging other to commit similar frauds. And making them feel that it's ok. So I suppose to should be bringing my parents on tourist visa and doing aos also and you will wish me best of luck too? I hope OP will get a lot of issues with this AoS. Bye.

planned or not, the law is on their side

[Mounat 74]

My last word in this discussion. Do you people really believe that OP didn't plan to adjust parents status from the start? Do you really believe they came here as tourist and then suddenly decided to stay? Sigh.

Wishing people like this "good luck" is only encouraging other to commit similar frauds. And making them feel that it's ok. So I suppose to should be bringing my parents on tourist visa and doing aos also and you will wish me best of luck too? I hope OP will get a lot of issues with this AoS. Bye.

LoL.

Good luck.

[aaron2020 11,651]

My last word in this discussion. Do you people really believe that OP didn't plan to adjust parents status from the start? Do you really believe they came here as tourist and then suddenly decided to stay? Sigh.

Wishing people like this "good luck" is only encouraging other to commit similar frauds. And making them feel that it's ok. So I suppose to should be bringing my parents on tourist visa and doing aos also and you will wish me best of luck too? I hope OP will get a lot of issues with this AoS. Bye.

Who cares what you or I may think about planning to adjust from the start.

The law is clear. Under Matter of Batista and Matter of Cavazos, the OP's parent can file to adjust status and legally USCIS can not deny the AOS because of immigrant intent.

You can call this fraud all you want, the US Government is fine with it.

If you want to bring your parents on tourist visas and take the risk, then that's between your parents and the US Government.

Don't get upset because you don't like the law. Petition Congress to change it. Don't be down on people who are doing what the law allows them to do.

[DaveSana 13]

@Russ&Caro
I am fully aware of the potential "benefits" of waiting 30-90 days.
As for judging mood, you might be good, but you are not THAT good. hee hee

@Ketsuban

It is more nuanced than that. It can depend on what was asked at the border, and the responses, after the fact, at time of AOS.

This view might be helpful - http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/

"...Silence when applying for a visa or entry to the U.S. does not equal an affirmative misrepresentation. Of course, saying or doing something that is a misrepresentation equals fraud and may trigger the permanent bar inadmissibility under INA Section 212(a)(6)©(i)...."

For example, if the parent sold his house, and quit his job, just prior to traveling to the POE, and the CBP Officer asked any of a number of questions, the answers of which turned out to be untrue, the fact that the person made it into the country does not mean intent is forever irrelevant, and filing for AOS immediately is completely without risk. Though family unification, etc. etc...considerations do apply.

------

Your other point - "...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...", I think seems correct.

@ Mounat

"Intent is irrelevant."

It is not that simple.
Just because he has a son in the US does NOT mean intent is irrelevant, just because there were aware of that fact.

At time of attempted AOS, questions will be raised, and evidence sought. There IS a decision to be made, still.

If I missed anybody, my apologies.

Dave

[aaron2020 11,651]

This is one thing I think he will attack immediately; entirely eliminate the possibility of immigration regardless of intent or not. And honestly myself have no issues with this being done. The AOS while on tourist visas, whether through a quick marriage or "change of mind" is too iffy honestly for me.

Malania Trump worked illegally on a tourist visa. She got an H1B.

2 of Donald Trump's 3 wives are immigrants.

If Donald Trump stops all of this, how is he going to find his next foreign bride?

@Russ&Caro

I am fully aware of the potential "benefits" of waiting 30-90 days.

As for judging mood, you might be good, but you are not THAT good. hee hee

@Ketsuban

It is more nuanced than that. It can depend on what was asked at the border, and the responses, after the fact, at time of AOS.

This view might be helpful - http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/

"...Silence when applying for a visa or entry to the U.S. does not equal an affirmative misrepresentation. Of course, saying or doing something that is a misrepresentation equals fraud and may trigger the permanent bar inadmissibility under INA Section 212(a)(6)©(i)...."

For example, if the parent sold his house, and quit his job, just prior to traveling to the POE, and the CBP Officer asked any of a number of questions, the answers of which turned out to be untrue, the fact that the person made it into the country does not mean intent is forever irrelevant, and filing for AOS immediately is completely without risk. Though family unification, etc. etc...considerations do apply.

------

Your other point - "...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...", I think seems correct.

@ Mounat

"Intent is irrelevant."

It is not that simple.

Just because he has a son in the US does NOT mean intent is irrelevant, just because there were aware of that fact.

At time of attempted AOS, questions will be raised, and evidence sought. There IS a decision to be made, still.

If I missed anybody, my apologies.

Dave

Immigrant intent is irrelevant once the parent was admitted into the US. Google Matter of Battista and Matter of Cavazos. You are missing a big part of US laws.

[DaveSana 13]

@Aaron,

Will do.

Dave

[Roel 7,191]

If you want to bring your parents on tourist visas and take the risk, then that's between your parents and the US Government.

You really didn't get my sarcasm.

Don't get upset because you don't like the law. Petition Congress to change it. Don't be down on people who are doing what the law allows them to do.

Yes, " I " don't like the law. Sure, they are doing what the law "allows" them. It's literally sneaking around the law. Hopefully USCIS will see this.

[Transborderwife 4,666]

Yes, " I " don't like the law. Sure, they are doing what the law "allows" them. It's literally sneaking around the law. Hopefully USCIS will see this.

i thought that you were finished with this as per your last post? it is not sneaking, a loophole, et all. it's a clear path laid out by USCIS. instead of wasting time and energy with ill wishes, perhaps educate yourself on how this path could help others or petition to have it changed.

[aaron2020 11,651]

Yes, " I " don't like the law. Sure, they are doing what the law "allows" them. It's literally sneaking around the law. Hopefully USCIS will see this.

Fine. USCIS sees immigrant intent. What will happen with the AOS? The green card will still be approved because USCIS can not deny the AOS of an IR of a USC for immigrant intent. So, why does it matter if USCIS will see this?

The OP came here asking for advice. The OP got good legal advice.

You said you were done. Why are you back to harass the OP with your scare mongering?

Edited December 5, 2016 by aaron2020

[Transborderwife 4,666]

Fine. USCIS sees immigrant intent. What will happen with the AOS? The green card will still be approved because USCIS can not deny the AOS of an IR of a USC for immigrant intent. So, why does it matter if USCIS will see this?

because people don't know how tovbe happy for others and cheer each other on in the immigration journey.

[Roel 7,191]

I cheer for people who do everything the right way.