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Can anyone other than spouse AOS from tourist visa ?

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Can anyone other than spouse AOS from tourist visa ?

On another discussion site, a person keeps insisting that they know of several instances where relatives (not spouse) of US citizens simply come to USA on tourist visas, and then follow the same AOS procedures as do spouses of USA citizens.

Here are the websites the person shows to back up his argument.

http://www.***removed***/greencard/adjustmentofstatus/

http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/

http://www.peerallylaw.com/en/content/view/562

He says the above prove that it is foolish to have relative (not a spouse) file for immigration status and wait the 10 years or more.

Just have them come to USA on tourist visa, and do AOS.


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 Year Green Card Process

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VT.

August 12, 2017 ASC appointment received. 19 days since ROC in VT.

August 25, 2017 BIO completed. 32 days since ROC received in VT.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

September - October 2018  10 year card expected ????

- - - - - - - -

Service Center: VSC
First 5 Digits EAC 17297
NOA1 Date: July 24, 2017
Filed N-400: Not yet

Case Transferred: Not yet

Approved?: Not yet

     If yes, did you have a RFE? Not yet.  On what date?:

     If yes, did you have an interview? On what date?:

Received 18 month extension letter on August 11, 2018

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Certain classes of relatives are able to adjust immedaitely on approval of their I130 , Those are spouse, minor child and parent of a USC. Other classes must wait their turn as only certain number of visa per class are available. Anyone that has a petitionable relationship with an USC or LPR is welcome to visit. If they happen to be in the US when their number becomes available they can adjust status. They can not overstay a visitor visa waiting for their number to be availble. They can no enter the US with a visitors visa with the intent of immigrating.


This will not be over quickly. You will not enjoy this.

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hi

exactly, overstay is forgiven for immediate relatives, which are aside from spouses, are parents and children under 21 of a USC

so if they entered on a tourist visa, not coming on purpose to adjust status, but if they entered on a tourist visa, they could adjust status, because there is no waiting,

they aren't subject to the long wait of the visa bulletin

other family members, such as children over 21, single or married or siblings have a long wait and must wait in their country of origin for a visa to become available

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Immediate relatives are the parent of a US citizen (and the child is at least 21); a minor child (under 18) of a US citizen; a spouse of a US citizen; and a widow/er of a US citizen (who died within the previous two years).

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 Year Green Card Process

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VT.

August 12, 2017 ASC appointment received. 19 days since ROC in VT.

August 25, 2017 BIO completed. 32 days since ROC received in VT.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

September - October 2018  10 year card expected ????

- - - - - - - -

Service Center: VSC
First 5 Digits EAC 17297
NOA1 Date: July 24, 2017
Filed N-400: Not yet

Case Transferred: Not yet

Approved?: Not yet

     If yes, did you have a RFE? Not yet.  On what date?:

     If yes, did you have an interview? On what date?:

Received 18 month extension letter on August 11, 2018

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Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

So they think people can jump in front of the AOS line without being AOS-eligible? Ha! :no::lol:


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

ha

ha

ha


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Thanks for the laughs!

No one should be planning to AOS from a tourist visa. The possibility is there for those circumstances where plans change.

To suggest that there is a 10-year wait for people outside the country but you can cut in the line by going on holiday to the USA and "changing your mind" is so ridiculous he's actually embarrassed himself. Why would anyone wait 10 years out of the country, apart from their family, if there were any other legal option?

Has he ever heard of the term "priority date"? Does he think the government issues priority dates and puts together visa bulletins announcing the dates to give their employees something to do in their spare time?


 

 

 

 

 

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Just have them come to USA on tourist visa, and do AOS.

And while we're at it.. the USA is giving away a Million bucks to all tourists to help stimulate the US economy.

Come on over ya'll.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Here is what the person replied when I told of the rules that the previous posters listed (which I had already believed also)

"The 10 year wait to get priority number is for people outside the country. Those relatives (not immediate relatives) that entered America legally on tourist visa, can then AOS and go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats in USA for the next 10 years."

If their priority date is not current, then they are not eligible to apply for AOS. They do not get to skip the waiting. If you are outside or inside the US, you must still have a current priority date that would grant you an immigrant visa, or no I-485. Only immediate relatives have immigrant visas always available to them, as they are unlimited.

Tell this person to read and try and comprehend what the words are conveying >

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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No one should be planning to AOS from a tourist visa. The possibility is there for those circumstances where plans change.

Blame the loopholes in our laws that B2 => AOSers seek to exploit.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Blame the loopholes in our laws that B2 => AOSers seek to exploit.

Yup!

Let overstays NOT be forgiven and watch the number of B1/B2 applications dwindle and the number of people leaving after their 3-6 months skyrocket. The airports would not be able to handle the traffick. :lol:


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Yup!

Let overstays NOT be forgiven and watch the number of B1/B2 applications dwindle and the number of people leaving after their 3-6 months skyrocket. The airports would not be able to handle the traffick. :lol:

As an immigrant, more than once, I'm not one to pull the ladder up behind me. It's a good idea to explain the rules/laws to those who don't know or misunderstand them. Furthermore, just because something is law does not make it right or appropriate for the time. USCIS is a complex labyrinth of laws many of which are in desperate need of reform. Some should be repealed outright.

Tens of millions of people are on the move today due to conflict and many more due to economic depressions. And yet we read today that there's an epidemic of loneliness in England. Untold wasted food and billions sleeping hungry. A little bit of compassion goes a long way.

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