dependant help

[JimVaPhuong 4,863]

The VWP, as with most non-immigrant visas or entry passes, does not allow for immigrant intent. If the CBP officer determines that the alien intends to immigrate then they'll be denied entry. That alone should be enough to convince you that it's not legal. Possible? Yes. Legal? No.

Something else to consider is that VWP entrants waive all rights to appeal any decision by an immigration officer. If his AOS is denied then there will be no opportunity to appeal. He'll be summarily removed from the United States. The VWP waiver of rights makes the USCIS immigration officer judge, jury, and executioner.

[ceadsearc 515]

You're confused. What you are quoting is for people who are already here , whose circumstances changed. No one is saying AOSing from VWP is illegal. We are telling you coming with intent to immigrate on VWP is illegal.

You can do whatever you like but what you are suggesting is illegal. No matter, a minor coming on VWP with a mother who has an immigrant visa is very unlikely to be admitted in the first place. I'd make a backup plan, if you insist on using this method, for if and when your step son goes through customs and is denied entry while your wife is admitted.

[ScottnIzabela 25]

my quotes are from the i485 instructions.

not from mysterious internet sources.

and the reality is: he is coming and will make his decision.

we are just being prepared if he wants to stay.

they not coming at the same time.

You're confused. What you are quoting is for people who are already here , whose circumstances changed. No one is saying AOSing from VWP is illegal. We are telling you coming with intent to immigrate on VWP is illegal.

You can do whatever you like but what you are suggesting is illegal. No matter, a minor coming on VWP with a mother who has an immigrant visa is very unlikely to be admitted in the first place. I'd make a backup plan, if you insist on using this method, for if and when your step son goes through customs and is denied entry while your wife is admitted.

[ScottnIzabela 25]

as i said and posted--he can as it states in the i485 instructions. and no mattere on tourist visa.no time to get one. and his country is part of the vwp . and it is clearly stated in the i485 instructions he can travel on it and make his choice. then we can fill out the forms and send in payment. and the intent doesnt matter, as he is clear to come on this as he is a minor. am i the only one to read the i485 instructions?

and yes, if it is done it needs to be done before the 90 days are up. after that it is a whole 'nother legal mess.

Look man, we told you our advice and you're explaining your way around it. But we're not telling you anything that's incorrect. If you're now telling us that he doesn't have immigrant intent when he enters under the VWP fine, but it's not us that you're going to have to convince. As I and a couple other people said, no one disputes that you can adjust status after being admitted to the U.S. This needs to be done before the stay on the I-94 expires--which may be 90 days or 6 months or 2 weeks. The problem is entering on the VWP with immigrant intent. As another person said, the child may be denied at the border or questioned more if it is clear that the child has an immigrant mother.

Edited May 5, 2012 by ScottnIzabela

[Reyan 56]

Intent matters, and if you think it doesn't have your wife's son tell CBP personnel when he arrives at the airport what his plan is using the VWP. Even better, have your step-son show/tell CBP personnel the I-485 section your refer to and see what happens.

As I said before, VJ members cannot codone or assist others members in illegal/faudulent activity. Planning to use a tourist visa with the sole intent to adjust status is visa fraud. There's not much more guidance members can provide you, since you've already made up your mind. I do wish you the best of luck.

[ceadsearc 515]

Ok, you're obviously reading what you want it to say. YES it is legal to adjust from VWP IF the person came with no intent and circumstances changed. That means they were 100% NOT planning to stay and changed their mind, not maybe yes maybe no. The I-485 doesn't explain that because that is covered under the instructions for VWP or the B-2 or whatever someone is coming over using and USCIS assumes people will read ALL of the information, not just what they want. If AOS were designed to work that way, the information for VWP would say, "and you can AOS if you don't feel like using a visa!"

Additionally, it appears you have no properly read the I-485 as nowhere does to say, "you can come and decide" or "minors don't need immigrant visas to live in America." Being allowed to adjust under a change of circumstances does NOT equate to "come and stay if you feel like it and the laws of America don't apply to teenagers."

But it doesn't. Do whatever you want (you have obviously made up your mind to commit fraud) but as EVERYONE has told you what you are suggesting is both illegal and fraudulent. And CBP knows that, so for your minor child's sake, have a backup plan because a child coming on a non-immigrant visa along with a mothe arriving on an immigrant visa CLEARLY has immigrant intent AND is unlikely to be able to show strong ties to their home country so there is a big chance he will be denied entry and sent back when he arrives, while your wife will be let through.

Edited May 5, 2012 by ceadsearc

[Reyan 56]

Ceadsearc, the OP did say the child will be coming at a different date from the mom but it makes no difference in regards to the intent side of the matter.

[ceadsearc 515]

Ceadsearc, the OP did say the child will be coming at a different date from the mom but it makes no difference in regards to the intent side of the matter.

Oops, I missed that. I'm not sure it'll make a difference on being admitted though, a child traveling alone to visit an LPR parent on VWP also is going to look like they have immigrant intent without strong ties to home. No matter, it's illegal but the OP doesn't care so I don't think anyone here can help them anymore.

[grrrrreat 109]

as i said and posted--he can as it states in the i485 instructions. and no mattere on tourist visa.no time to get one. and his country is part of the vwp . and it is clearly stated in the i485 instructions he can travel on it and make his choice. then we can fill out the forms and send in payment. and the intent doesnt matter, as he is clear to come on this as he is a minor. am i the only one to read the i485 instructions?

and yes, if it is done it needs to be done before the 90 days are up. after that it is a whole 'nother legal mess.

You are incorrect. We have all explained that adjustment of status from VWP is possible. But the I-485 instructions have nothing to do with entering with immigrant intent on a non-immigrant status, which is prohibited by law.

You're seeing things the way you want to see them and not how they are, so we're not going to be able to help you.

[Darnell 8,478]

to the OP

file an I-130 on the child, and in the I-130 packet, ask for an expedite. Include the copies of the NOA-2 on the mother and the interview appointment letter.

In general when the mother is already approved, even after the interview date, the casefile can be expedited as the visa type is a derivative visa.

[grrrrreat 109]

to the OP

file an I-130 on the child, and in the I-130 packet, ask for an expedite. Include the copies of the NOA-2 on the mother and the interview appointment letter.

In general when the mother is already approved, even after the interview date, the casefile can be expedited as the visa type is a derivative visa.

I agree, this is the better course and need not delay the process too long. OP is dead-set on entering on VWP and adjusting though.

[Rebecca Jo 1,962]

to the OP

file an I-130 on the child, and in the I-130 packet, ask for an expedite. Include the copies of the NOA-2 on the mother and the interview appointment letter.

In general when the mother is already approved, even after the interview date, the casefile can be expedited as the visa type is a derivative visa.

I think mom is already approved, visa in hand.

[Darnell 8,478]

Ms Jo - I KNOW ! Thanks for sharing, though. You Rock, and Stuff! ! !

[grrrrreat 109]

I think mom is already approved, visa in hand.

I would still file the I-130, include copy of mom's visa and request that the petition be expedited so that child can join mom or follow soon after.

[ceadsearc 515]

It wouldn't actually be a derivative visa - no such thing in the IR category - but still a good idea all the same and hopefully one the OP will consider, particularly since the OP's wife has several months after approval to activate her visa.