Is it a bad idea to adjust status after a tourist visa renewal?

[mathewax123 2]

Hey I just needed confirmation that it was a bad idea to travel to the U.S, as a tourist, in a newly renewed B-2 visa (which required an interview) in order to adjust status for a green card, practically filling a 485 as soon as I arrive. Something tells me this is a bad idea but I'm being pressured to travel and try it. Since according to this page https://www.hooyou.com/familybased/exceptions.html , it is bad because in my interview, I practically made them understand that I had no intentions, whatsoever of emigrating to the U.S permanently because of my home ties, studies, relationships, etc. And by filling a 485 as soon as I get there would raise a red flag, mainly because I'm contradicting myself in a fresh interview and probably even at the point of entry. I know the 30/60/90 day rule is not valid at all, but based on all of what I've done, if I attempt what I just described, it will most likely get denied, and I could even be barred from entrying.

[A_F 172]

12 minutes ago, mathewax123 said:

Hey I just needed confirmation that it was a bad idea to travel to the U.S, as a tourist, in a newly renewed B-2 visa (which required an interview) in order to adjust status for a green card, practically filling a 485 as soon as I arrive. Something tells me this is a bad idea but I'm being pressured to travel and try it. Since according to this page https://www.hooyou.com/familybased/exceptions.html , it is bad because in my interview, I practically made them understand that I had no intentions, whatsoever of emigrating to the U.S permanently because of my home ties, studies, relationships, etc. And by filling a 485 as soon as I get there would raise a red flag, mainly because I'm contradicting myself in a fresh interview and probably even at the point of entry. I know the 30/60/90 day rule is not valid at all, but based on all of what I've done, if I attempt what I just described, it will most likely get denied, and I could even be barred from entrying.

Yes that is an extremely bad idea. Do not do that. You answered your own question when you said that you'd be contradicting what you say at time of interview and point of entry...in other words lying and committing visa fraud.

 

Might I ask on what grounds would you be seeking to adjust your status to permanent residency? 

Edited August 30, 2017 by A_F

[kzielu 1,147]

15 minutes ago, mathewax123 said:

Hey I just needed confirmation that it was a bad idea to travel to the U.S, as a tourist, in a newly renewed B-2 visa (which required an interview) in order to adjust status for a green card, practically filling a 485 as soon as I arrive. Something tells me this is a bad idea but I'm being pressured to travel and try it. Since according to this page https://www.hooyou.com/familybased/exceptions.html , it is bad because in my interview, I practically made them understand that I had no intentions, whatsoever of emigrating to the U.S permanently because of my home ties, studies, relationships, etc. And by filling a 485 as soon as I get there would raise a red flag, mainly because I'm contradicting myself in a fresh interview and probably even at the point of entry. I know the 30/60/90 day rule is not valid at all, but based on all of what I've done, if I attempt what I just described, it will most likely get denied, and I could even be barred from entrying.

It is a visa fraud.

[mathewax123 2]

8 minutes ago, A_F said:

Yes that is an extremely bad idea. Do not do that. You answered your own question when you said that you'd be contradicting what you say at time of interview and point of entry...in other words lying and committing visa fraud.

 

Might I ask on what grounds would you be seeking to adjust your status to permanent residency? 

I'm apparently going to be include in a petition along with my mom and my 15 year old sister (she hasn't given me a lot of details), my best guess is that it is accomplished through marriage. I told her that I would rather just wait for a F2A visa, which takes apparently long enough until I finished my studies, but then, when I finally understood the whole Child Status Protection Act thing, I would likely not be covered by it and age out down to F2B, which could take even more years. That's the reason I'm only even considering that idea.

[A_F 172]

Thats helpful information that will help others better advise you on what to do. I don't really know about that kind of a visa so I don't want to give you advice when I don't know. That's better left up to someone else.

 

But I will say not to try to adjust status on the visitor visa. Wait for more information from your mom and to see what happens with the petition.

 

11 minutes ago, mathewax123 said:

I'm apparently going to be include in a petition along with my mom and my 15 year old sister (she hasn't given me a lot of details), my best guess is that it is accomplished through marriage. I told her that I would rather just wait for a F2A visa, which takes apparently long enough until I finished my studies, but then, when I finally understood the whole Child Status Protection Act thing, I would likely not be covered by it and age out down to F2B, which could take even more years. That's the reason I'm only even considering that idea.

Edited August 31, 2017 by A_F

[mathewax123 2]

3 minutes ago, A_F said:

Thats helpful information that will help others better advise you on what to do. I don't really know about that kind of a visa so I don't want to give you advice when I don't know. That's better left up to someone else, but I will say not to try to adjust status.

 

Yeah I've done some threads about this, and they really have helped shape up my decision, my gut really tells me it's a bad f*****g idea, but I still need one last definite sign to just discard that idea completely, and hope she gets approved soon enough in order to get on my application with enough time to be able to be covered by the CSPA. I was also afraid that, since if I was included in the petition, the could cancel everything because of me, and ruin my mother's dream.

[Going through 5,668]

From what I've understood about CPSA...your age "freezes" at the time the application is sent, so that you are not penalized for turning 21 before the application is approved.

 

https://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-issues-revised-guidance-applicability-child-status-protection-act-cspa 

 

The webpage says some info may no longer be accurate, but it doesn't say WHICH info...hopefully someone has been through it to know what is still current regarding the below.

 

Q: What is the Child Status Protection Act (CSPA)?
A. A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the CSPA on August 6, 2002, anyone who turned 21 at any point prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many people were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect an individual’s immigration classification as a child when the person aged out due to excessive processing times.

 

 

Q. How does CSPA work?

 

If you are…
Immediate Relative of a Naturalized U.S. Citizen	Preference Classification for Permanent Residence or Derivative
The child’s age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner’s naturalization or the termination of the beneficiary’s marriage while the beneficiary is under 21, the child’s age freezes on the date such action occurred.	CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

Edited August 31, 2017 by Going through

[Going through 5,668]

How old are you now?

[EG&XY 144]

Entering on a tourist visa with the intention of adjusting status (regardless of the basis) is committing visa fraud and condoning and encouraging such behavior is against the TOS of the site (period).

 

You will have to follow what ever legal process (f2a/b) is available to you, even though it may require a long wait.

[EG&XY 144]

12 minutes ago, Going through said:

From what I've understood about CPSA...your age "freezes" at the time the application is sent, so that you are not penalized for turning 21 before the application is approved.

 

https://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-issues-revised-guidance-applicability-child-status-protection-act-cspa 

 

The webpage says some info may no longer be accurate, but it doesn't say WHICH info...hopefully someone has been through it to know what is still current regarding the below.

 

Q: What is the Child Status Protection Act (CSPA)?
A. A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the CSPA on August 6, 2002, anyone who turned 21 at any point prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many people were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect an individual’s immigration classification as a child when the person aged out due to excessive processing times.

 

 

Q. How does CSPA work?

 

If you are…
Immediate Relative of a Naturalized U.S. Citizen	Preference Classification for Permanent Residence or Derivative
The child’s age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner’s naturalization or the termination of the beneficiary’s marriage while the beneficiary is under 21, the child’s age freezes on the date such action occurred.	CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

It only freezes while the petition is being adjudicated, not from the time the petition is filed until the visa application is approved. So if filing an I-130 and it takes 8 months to approve but then sits for 5 years waiting for a visa to become available, then you would still have to be 21 years and 8 months old for the visa. CSPA doesn't give you credit for the time spent waiting for the visa to become available, only the time it takes uscis to approve the petition. So mostly it would help if you have a loooooong wait with uscis to approve the petition.

[Going through 5,668]

1 hour ago, mathewax123 said:

Something tells me this is a bad idea but I'm being pressured to travel and try it.

Oh and two things:

 

1)  Trust your gut instinct.  It's usually right.

2)  It's easy for someone to suggest something illegal when they are not the ones who have to face the consequences of getting caught.

[mathewax123 2]

53 minutes ago, Going through said:

From what I've understood about CPSA...your age "freezes" at the time the application is sent, so that you are not penalized for turning 21 before the application is approved.

 

https://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-issues-revised-guidance-applicability-child-status-protection-act-cspa 

 

The webpage says some info may no longer be accurate, but it doesn't say WHICH info...hopefully someone has been through it to know what is still current regarding the below.

 

Q: What is the Child Status Protection Act (CSPA)?
A. A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the CSPA on August 6, 2002, anyone who turned 21 at any point prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many people were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect an individual’s immigration classification as a child when the person aged out due to excessive processing times.

 

 

Q. How does CSPA work?

 

If you are…
Immediate Relative of a Naturalized U.S. Citizen	Preference Classification for Permanent Residence or Derivative
The child’s age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner’s naturalization or the termination of the beneficiary’s marriage while the beneficiary is under 21, the child’s age freezes on the date such action occurred.	CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

Yeah that article is very confusing, it actually only 'freezes' if you are being petitioned by an U.S. citizen, or the moment you naturalize. I would be petitioned by a Legal Permanent Resident, which is a whole other world regarding  CSPA. User EG&XY, has the most accurate description, I think, of how CSPA could benefit a permanent resident, according to all the 100 pages and forums I have read around. To sum up, the only protection CSPA has for permanent residents, is the time the I-30 was filed, until it is approved (usually not more than a year), keeping in mind, that you would still have to wait until your priority date becomes current, which takes ~2 years. So if I'm 22 when my PD becomes current and my I-30 took more than one year to approve, I would be able to stay in the F2A category.

 

39 minutes ago, EG&XY said:

It only freezes while the petition is being adjudicated, not from the time the petition is filed until the visa application is approved. So if filing an I-130 and it takes 8 months to approve but then sits for 5 years waiting for a visa to become available, then you would still have to be 21 years and 8 months old for the visa. CSPA doesn't give you credit for the time spent waiting for the visa to become available, only the time it takes uscis to approve the petition. So mostly it would help if you have a loooooong wait with uscis to approve the petition.

 

[mathewax123 2]

42 minutes ago, Going through said:

Oh and two things:

 

1)  Trust your gut instinct.  It's usually right.

2)  It's easy for someone to suggest something illegal when they are not the ones who have to face the consequences of getting caught.

2) I think it's more lack of knowledge from my mom, because when I asked her to explain me what documents she had filed and what she was going to do, she told me that a friend of hers was taking care of that, and she didn't understand much about it. She has a good heart, I appreciate what she's trying to do and even her desperation for me to come, since I always said it was my dream to live in the U.S., a dream that has not crumbled, but that I don't want it to rule my life too much ever since I failed to get my F-1 visa (because of father's debt history). I already took an unmeasured risk once, wasted time, money and effort to it, and I'm not looking forward to make another one, unless it's basically guaranteed (which is probably not).

[Crazy Cat 39,386]

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[EG&XY 144]

5 minutes ago, mathewax123 said:

2) I think it's more lack of knowledge from my mom, because when I asked her to explain me what documents she had filed and what she was going to do, she told me that a friend of hers was taking care of that, and she didn't understand much about it. She has a good heart, I appreciate what she's trying to do and even her desperation for me to come, since I always said it was my dream to live in the U.S., a dream that has not crumbled, but that I don't want it to rule my life too much ever since I failed to get my F-1 visa (because of father's debt history). I already took an unmeasured risk once, wasted time, money and effort to it, and I'm not looking forward to make another one, unless it's basically guaranteed (which is probably not).

You are better off to do it right. At least you do have a tourist visa, so you can visit. And once your mom has her green card she can come visit you. It's not ideal, but nothing about the immigration process is easy.