Petitioning parent on a Tourist Visa

[Transborderwife 4,666]

I cheer for people who do everything the right way.

Just because you do not like it does not mean it's the wrong way.

[aaron2020 11,651]

I cheer for people who do everything the right way.

USCIS does not care whether you cheer or jeer. USCIS will approve the AOS regardless of your jeers.

You have no idea of Matter of Battista and Matter of Cavazos means. You substitute your feelings and gave poor advice to scare monger without regards to US laws.

Maybe, you can inform USCIS that they have been doing things the wrong way by following case law and things will change. Ha. Ha.

Edited December 5, 2016 by TBoneTX
To remove unnecessary scatological term.

[DaveSana 13]

Thanks to the responders.

I learned something here today about intent, and family equity.

I found this quite helpful, along with several other references:

https://www.uscis.gov/sites/default/files/err/H5%20-%20Waiver%20of%20Inadmissibility%20-%20Misrepresentation%20-%20212%20(i)/Decisions_Issued_in_2014/JAN312014_05H5212.pdf

http://www.hooyou.com/familybased/exceptions.html

I am now more on the same page.

The law, and the practice of the law, is what it is, isn't it.


Thanks Guys,

Dave

[Merrytooth 5,748]

I cheer for people who do everything the right way.

And I don't really feel sorry for those who can't get tourist visa because their fellow country men abuse it.

You have been on here long enough to know that you can decide which post you want to offer help, right?

So stay away from threads that you don't like (if you want to avoid warnings, thread ban).

[Ban Hammer 12,837]

And I don't really feel sorry for those who can't get tourist visa because their fellow country men abuse it.

You have been on here long enough to know that you can decide which post you want to offer help, right?

So stay away from threads that you don't like (if you want to avoid warnings, thread ban).

wise words.

whether one likes the legality or not of the situation posed, members should

confine their posts to offering constructive advice rather than one's personal

opinion on the situation.

charles

vj moderation

Edited December 5, 2016 by charles!

[DaveSana 13]

So, to try to wrap this up, or to at least clarify the issue:

If a person is an immediate family member of a US Citizen and wants to adjust status upon entry via a Tourist Visa, then intent alone is not grounds for refusal.

If the person is not an immediate family member of a US Citizen, and wants to adjust status (immediately) upon entry with a Tourist Visa, then preconceived intent could be relevant, and could be grounds for refusal.

Is that how it works?

Dave

Edited December 5, 2016 by DaveSana

[Transborderwife 4,666]

So, to try to wrap this up, or to at least clarify the issue:

If a person is an immediate family member of a US Citizen and wants to adjust status upon entry via a Tourist Visa, then intent is not relevant.

If the person is not an immediate family member of a US Citizen, and wants to adjust status (immediately) upon entry with a Tourist Visa, that is an issue.

Is that how it works?

Dave

no. plain and simple...follow this example

is the person here yet across the border? --->no --->no aos

is the person currently here in the USA? -->yes--->proceed at will

Edited December 5, 2016 by Transborderwife

[DaveSana 13]

Yes, TransBorderWife, thanks -

I restate:

If a person is an immediate family member of a US Citizen and arrives via a valid Tourist Visa, and wants to adjust status after successfully entering, then intent is not relevant, and is not, alone, grounds for refusal of adjust of status.

If the person is not an immediate family member of a US Citizen, and arrives via a valid Tourist Visa, and wants to adjust status (immediately) after entry, intent could be a problem and grounds for refusal.

That it? Whether you are immediate family or not matters?

Dave

[DaveSana 13]

And thanks again to all the responders.

I learned something today.

Cheers,

Dave

[aaron2020 11,651]

Yes, TransBorderWife, thanks -

I restate:

If a person is an immediate family member of a US Citizen and arrives via a valid Tourist Visa, and wants to adjust status after successfully entering, then intent is not relevant, and is not, alone, grounds for refusal of adjust of status.

If the person is not an immediate family member of a US Citizen, and arrives via a valid Tourist Visa, and wants to adjust status (immediately) after entry, intent could be a problem and grounds for refusal.

That it? Whether you are immediate family or not matters?

Dave

Being an Immediate Relative of a USC matters.

Having been admitted matters.

An inadmissibility or other immigration problem matters.

[Mounat 74]

Yes, TransBorderWife, thanks -

I restate:

If a person is an immediate family member of a US Citizen and arrives via a valid Tourist Visa, and wants to adjust status after successfully entering, then intent is not relevant, and is not, alone, grounds for refusal of adjust of status.

If the person is not an immediate family member of a US Citizen, and arrives via a valid Tourist Visa, and wants to adjust status (immediately) after entry, intent could be a problem and grounds for refusal.

That it? Whether you are immediate family or not matters?

Dave

What you're really asking is if the immediate relative status happens before or after arriving in the US. People have adjusted from tourist visa when they've met and fallen in love with complete strangers. Whether they intended/planned to do this is irrelevant.

Similarly, existing immediate relatives have adjusted from tourist visa after arriving in the US.

In both cases, intent is moot.

[DaveSana 13]

Mounat

Thanks for your earlier response.

Regarding this -

>>"What you're really asking is if the immediate relative status happens before or after arriving in the US. People have adjusted from tourist visa when they've met and fallen in love with complete strangers. Whether they intended/planned to do this is irrelevant. "

I see. So a person can get a Tourist visa and intend to find a mate, and that intent is irrelevant. Did NOT know that.

>>Similarly, existing immediate relatives have adjusted from tourist visa after arriving in the US.

Intent is irrelevant here, I now read.

Is it just as irrelevant at time of visa application as well as at the POE?

Meaning - A person can plan to adjust status all along, even when they are applying for the visa, and intent is still moot, if they have immediate family in the US?

Thanks again, Mounat, Aaron and Trans..,

Dave

Edited December 5, 2016 by DaveSana

[aaron2020 11,651]

Mouant

Thanks for your earlier response.

Regarding this -

>>"What you're really asking is if the immediate relative status happens before or after arriving in the US. People have adjusted from tourist visa when they've met and fallen in love with complete strangers. Whether they intended/planned to do this is irrelevant. "

I see. So a person can get a Tourist visa and intend to find a mate, and that intent is irrelevant. Did NOT know that. No. Intent is relevant when applying for the visa and at the POE. Once the person files to adjust as the IR of a USC, then intent is irrelevant.

>>Similarly, existing immediate relatives have adjusted from tourist visa after arriving in the US.

Intent is irrelevant here, I now read.

Is it just as irrelevant at time of visa application as well as at the POE? Intent is relevant BEFORE filing to AOS as the IR of a USC. Immigrant intent is not relevant to adjudicate the I-485. Immigrant intent is relevant when applying for the visa and at the POE. Once AOS is file for, then immigrant intent becomes irrelevant for the IR of a USC.

Meaning - A person can plan to adjust status all along, even when they are applying for the visa, and intent is still moot, if they have immediate family in the US? ONLY AFTER FILING FOR AOS AS THE IR OF A USC.

Thanks again, Mouant, Aaron and Trans..,

Dave

[DaveSana 13]

Thanks Aaron.

I will reflect on that.

Cheers,

Dave

[Mounat 74]

Now you can appreciate why intent is a complex issue and difficult to prove. It's at the stages of visa application and POE that intent matters. If a person plans to adjust, even when applying for a tourist visa and at the POE, it's at that point that intent matters and will be questioned. Once visa is issue and the person is admitted to the US, the intent ship has long sailed.

Messy for sure.