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Petitioning parent on a Tourist Visa

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Hi,

Just wanted to know if it will be considered a visa fraud if i file a petition for my parent who is in the US right now on a tourist visa.

Can he stay here while the petition is on process?? He just came here 3 days ago.

And what are the forms to fill up.

Thanks a lot

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Not immigration fraud as they have already been admitted by CBP and were found to have no immigration intent. Am assuming they did not lie to the CBP officer at the airport?

That was, however, a very quick change of mind.

*~*~*moved from "bringing family members of USCs" to "AOS from work, study and tourist visas" as the people in question are already in the USA*~*~*


 

 

 

 

 

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Not immigration fraud as they have already been admitted by CBP and were found to have no immigration intent. Am assuming they did not lie to the CBP officer at the airport?

That was, however, a very quick change of mind.

*~*~*moved from "bringing family members of USCs" to "AOS from work, study and tourist visas" as the people in question are already in the USA*~*~*

"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

Edited by DaveSana

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"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

Setting aside the three day mind change, it's not fraud if the intent when they entered the country truly was not to remain. 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.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

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You two are setting aside the very issue that will be a factor.

Must be nice to presume that you can fly - assuming gravitation force is zero! lol

You are requiring the CO to presume that during the entire tourist visa process, and the entire plan to come to America - three days before - that the thought of immigrating was not the intention.

That after only three days in America, the thought came to mind - Wow, it is nice here, with the family, etc.etc., ya know what...I think that I will just stay!!!" lol

Assuming away the problem - is a bad strategy, analysis, and plan.

Consular officers are required by law to assume the exact opposite.

Dave

Edited by DaveSana

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US Consular officers are required by law to assume that all Tourist Visa applicants are intending immigrants, until demonstrated otherwise to their satisfaction.

US Consular officers are required by law to assume that all Tourist Visa holders intending to adjust status were intending immigrants, until demonstrated otherwise to their satisfaction.

US Customs and Border Protection officers are required by law to assume that all Tourist Visa holders requesting permission to enter the country at the border are intending immigrants until demonstrated otherwise to their satisfaction.

The onus is always on the visa holder to overcome that presumption of intent - not the other way around.

Read the Regs!

Dave

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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?

There's also VWP that skips the embassy altogether. You'll have to plug many paths to AOS and not just the B-2.

And don't even get me started on Canadians!

Edited by Mounat

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DaveSana, I have a feeling nothing is going to calm you down about this, but consider this... the OP need not file AoS today, just 3 days after POE. He/she can file for their parent 30 days from now and then the appearance of intent that you're all up in arms about, won't exist. So really, it's a fool's errand for a CO to try to establish intent in this case when the parent has lawfully entered on a tourist visa and passed muster at POE.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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There's also VWP that skips the embassy altogether. You'll have to plug many paths to AOS and not just the B-2.

Not really. VWP is also for tourism, mostly. Just make sure that no one who came to the USA as a tourist can adjust the status. It would be pretty fair for everyone in my opinion. I'm sorry, I'm a judgmental here (its a public forum and I'm sure I can share my opinion), but people like OP and others who use shortcuts in immigration make me ... well. Upset.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Not really. VWP is also for tourism, mostly. Just make sure that no one who came to the USA as a tourist can adjust the status. It would be pretty fair for everyone in my opinion. I'm sorry, I'm a judgmental here (its a public forum and I'm sure I can share my opinion), but people like OP and others who use shortcuts in immigration make me ... well. Upset.

I hear you. The inequities and unfairness built into the system are astounding.

And yes, there's a lot of emotion involved. I cheer for the laws that benefit me and jeer at those that don't. It's human nature.

And when two people discuss why the immigration system in the US is broken, they have three opinions between them.

The struggle is real!

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Hi,

Just wanted to know if it will be considered a visa fraud if i file a petition for my parent who is in the US right now on a tourist visa.

Can he stay here while the petition is on process?? He just came here 3 days ago.

And what are the forms to fill up.

Thanks a lot

Hi,

It's perfectly fine for your parent to file to adjust status.

While it's immigration fraud to enter the US with the intent to adjust status, US laws are inconsistent. Under US laws, USCIS can not deny the AOS of an Immediate Relative of a USC for immigrant intent alone. See Matter of Batista and Matter of Cavazos. Even if your parent had immigrant intent, it no longer matters since USCIS can not deny the AOS for a green card for having immigrant intent.

Follow the Guide. No reason to list all the forms when there is a Guide.

Best of luck.

Edited by aaron2020

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