Stepdaughter wants to immigrate

[aaron2020 11,651]

Hi,

The birth certificate contains false and fraudulent information. If you or your wife try to use this birth certificate to obtain an immigration benefit, then the petitioner would be committing immigration fraud for knowingly submitting a legal document containing false information.

Her niece is neither her daughter or adopted daughter. She is your wife's niece with a fraudulent birth certificate.

The niece needs to correct her birth certificate.

Best of luck

[aaron2020 11,651]

My wife is a USC and has been for 4 years. I fail to see how my wife could be charged with fraud and deportation based on an application for another individual. See's not misrepresenting her own status.

Your wife would sign the I-130 and other immigration documents under penalties of perjury. She would knowing submit a legal document that contains false information. How is she not misrepresenting her niece as her own biological child? Your wife would sign the petition; not the niece That's how your wife could be dinged for fraud. As a U.S. citizen, your wife can't be deported.

You really need to consider the consequences of proving false information to the U.S. Government under penalties of perjury.

Edited July 26, 2015 by aaron2020

[XXXYYYZZZ 20]

How much time does she have left on her visa? I believe that she needs to have at least 60 days left to change status. As well, she needs to show why she should study in the USA and not at home in Vietnam. One could argue a better education. The one thing that I'm unsure of is overcoming her ties to the USA showing that she'd return home especially seeing as she has a parent and step parent here.

There is no issue there. She's got 4 more months on her entry stamp. I see what your saying about her ties with regards to the F1. I'd been researching the F1 for a few days and already started down that route and saw the ties as an issue. That's when I thought why couldn't I file an AOS. I could then send her to public and get some use out of my property tax that I've paid for the last 20 years, get the write off on my tax return and put her in my employers college assistance program and my health insurance plan. It would save me tens of thousands of dollars to do an AOS. Yes I love my step daughter but I'll save some cash if I can.

You submit the paperwork and go to the interview. If you're truthful at the interview about the facts of the case and you don't qualify all the CO can do is deny you or request for further information to convince the CO of relation/intentions. It's not misrepresentation if you don't lie. I never seen anywhere that it's a requirement that a parent's child has to be biological relation to immigrate. Most gay and lesbian couples don't have biological children and they can now immigrate.

The only issue I see is my wife's daughter is not listed when she immigrated 6 years ago. Is it a legal requirement to list children when immigrating if they are not immigrating with you. I don't know. As that application was only for the wife's case I don't see how that's fraud. My company has an immigration/visa services department that I talked to and was told the same thing.

I'll call USCIS on Monday and ask.

[apple21 953]

I've read a similar situation. The lady was denied based on a 221g ground for something like child/human trafficking. She and her "child" (niece in real life) were chasing K1 and K2 visas.

Just something to ponder upon.

[aaron2020 11,651]

There is no issue there. She's got 4 more months on her entry stamp. I see what your saying about her ties with regards to the F1. I'd been researching the F1 for a few days and already started down that route and saw the ties as an issue. That's when I thought why couldn't I file an AOS. I could then send her to public and get some use out of my property tax that I've paid for the last 20 years, get the write off on my tax return and put her in my employers college assistance program and my health insurance plan. It would save me tens of thousands of dollars to do an AOS. Yes I love my step daughter but I'll save some cash if I can.

You submit the paperwork and go to the interview. If you're truthful at the interview about the facts of the case and you don't qualify all the CO can do is deny you or request for further information to convince the CO of relation/intentions. It's not misrepresentation if you don't lie. I never seen anywhere that it's a requirement that a parent's child has to be biological relation to immigrate. Most gay and lesbian couples don't have biological children and they can now immigrate.

The only issue I see is my wife's daughter is not listed when she immigrated 6 years ago. Is it a legal requirement to list children when immigrating if they are not immigrating with you. I don't know. As that application was only for the wife's case I don't see how that's fraud. My company has an immigration/visa services department that I talked to and was told the same thing.

I'll call USCIS on Monday and ask.

Dude,

How is it not fraud to have a birth certificate containing false information?

How is it not fraud to knowing submit a legal document containing false information?

Will you honestly tell the CO that the birth certificate contain false information?

Do you honestly believe that it's not immigration fraud to send in documents containing false information?

On what basis would you wife petition for her niece? Based on a birth certificate containing false information?

So if the initial fraud in Vietnam is accepted by the authority there because they got false information, then it's okay to use that fraudulent document to get to the US? Do you know how many people try to send in fraudulent documents obtained from their governments? It's okay then?

Edited July 26, 2015 by aaron2020

[XXXYYYZZZ 20]

Applying to adjust status to an F1 student is not the same as getting an F1 student visa.

I never said that.

How Can I Change My Nonimmigrant Status to Become a Student If I Am Already in the United States?

To change your Nonimmigrant Status you first must apply to study at a SEVP certified school in the United States*. Once you contact the school that you are interested in attending, you should be notified immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). You must submit this form and a USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS. You must also prove that you have the financial resources required for your education and stay in the United States.

*Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved.

[XXXYYYZZZ 20]

Once again VJ has fed me opinions and fear mongering rather than actual experience. I'll just go to the source.

Please lock topic.

[Ryan H 3,790]

***Thread closed to additional discussion under the below quoted provision of the TOS. Do not restart this thread.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited July 26, 2015 by Ryan H