Entering USA on Tourist Visa and daughter submitting I-130

[azblk 338]

3 hours ago, Eric-Pris said:

Not that she cares, but your friend (and her mother) is committing visa fraud.  Personally, I hope the mother gets denied, deported, and permanently banned from the US and her daughter goes to prison for perjury.

nonsense it is not Visa fraud

[azblk 338]

3 hours ago, missileman said:

Thank you, but I know how the immigration system works.  My wife (here via a CR-1)and I were apart for more than a year, even though she is from a VWP country.

That is a choice you made. Just because you made that choice doesn't mean it is the best path for everyone or that it is the one everyone should follow.  Court precendents and eoir have all ruled that IR-1 are not subject to intent when adjusting status and can NOT be denied AOS because of intent.

[geowrian 22,335]

@OP

Is she currently in the US? The original wording implied this but I just want to confirm.

Edited December 28, 2017 by geowrian

[Eric-Pris 1,602]

5 hours ago, aleful said:

not true

 

that's if she enters the country, she is already here, if she had lied at customs to an officer maybe, but overstay is forgiven for parents of a USC who entered legally the country

I'm sure they didn't plan this.  Exactly the same as all those spontaneous tourist visa proposals we read about on here.  (And the fraudsters always include that "it wasn't planned" )

Edited December 28, 2017 by Eric-Pris

[Eric-Pris 1,602]

1 hour ago, azblk said:

...Court precendents and eoir have all ruled that IR-1 are not subject to intent when adjusting status and can NOT be denied AOS because of intent.

Justifying visa fraud.  Sickening.  I hope Trump does away with adjusting from temporary visas.

 

 

[azblk 338]

12 minutes ago, Eric-Pris said:

Justifying visa fraud.  Sickening.  I hope Trump does away with adjusting from temporary visas.

 

 

Just because you don't like it does not make it fraud. Luckily for everyone Trump and/or you just cant change the law to suit their whims and preferences.  Immigrant intent is determined at the POE and if a person enters the US the point is moot regardless of what their original intents were - that is the law.

 

https://www.hooyou.com/familybased/exceptions.html

Edited December 28, 2017 by azblk

[EmilyW 1,226]

Well if it is proven they lied at POE, it's not a moot point.

[vcpdragon 306]

I think I’d have to send her home and go through the process ... how is she going to sell to immigration that the mom came over on a tourist visa without the intent to stay and then suddenly decided that maybe she would stay? Don’t think so ... it’s not worth the risk. Just my two cents 😂 but good luck to them ... maybe it would work out 

[Pavel1982 104]

48 minutes ago, vcpdragon said:

I think I’d have to send her home and go through the process ... how is she going to sell to immigration that the mom came over on a tourist visa without the intent to stay and then suddenly decided that maybe she would stay? Don’t think so ... it’s not worth the risk. Just my two cents 😂 but good luck to them ... maybe it would work out 

Agreed. Best idea would be to go back and apply through consular process to avoid any unnecessary headache. What bothers me here though, some members are making unnecessary comments. People comes here to seek advice and we should  stick to give them advise instead of making rude comments about his or her decision because we don't know everything behind that decision

Edited December 28, 2017 by Pavel1982

[Lemonslice 4,563]

2 hours ago, EmilyW said:

Well if it is proven they lied at POE, it's not a moot point.

They won't investigate, she was let in, they do not go back and dig about the why the agent made that decision to let her in.

[caliliving 606]

She can stay and AOS. I know most here don't like that but it is perfectly LEGAL to aos as an overstay or someone who is already in the country on a tourist visa!!!

Just because you did a cr1 does not mean that she has to. And sorry, since you can AOS from any visa once you were legally entered and inspected in the country this law will not go away anytime soon! 

 

 

[azblk 338]

10 minutes ago, caliliving said:

She can stay and AOS. I know most here don't like that but it is perfectly LEGAL to aos as an overstay or someone who is already in the country on a tourist visa!!!

Just because you did a cr1 does not mean that she has to. And sorry, since you can AOS from any visa once you were legally entered and inspected in the country this law will not go away anytime soon! 

 

 

You are absolutely correct. The problem is many people here equate an aspect of the law they don't like to illegality and fraud -which it is not.

[Pennycat 880]

The visa fraud part is entering on a tourist visa with the plan to adjust status.  Like THAT or not, folks who are a-ok with a planned AOS from a tourist visa, that is also the case, as is the legality of AOSing from a tourist visa. And No they can't factor in intent when making a decision. Still doesn't mean that lying didn't happen and visa fraud wasn't committed. 

 

So the AOS part isn't fraud, but the fraud has already been committed. You or she can personally claim all you want that you personally really did have a change in plan and circumstance and I'll not call any individual a liar for it. I get that stuff happens and you just go with the best options available. But the sheer volume of this type of thing we get here is simply asking way too much believe that each and every AOS from visit visa person didn't plan it and lie their way in. NO one had a job or house or car or pet or even winter clothes to go back for before moving permanently to a new country? Sure.  Whatever happened in this woman's case, or your own personal case, POE has been cleared one way or another so carry on, I guess.

 

This is of course that the mom just came to visit a few months ago. Personally, and maybe I just have an over-active imagination, I read this as the the daughter is a USC by birth, the mom entered on a tourist visa many years ago and the daughter is just now old enough to petition for her mom. If that's the case, leaving the country for consular processing will result in a 10 year ban for the lengthy overstay.

 

It is these people--people with a legal entry but prolonged overstay who have the most to lose by any change in the ability to AOS from temporary visas. This isn't a matter of a couple in love wanting to jump the line and are willing to lie to CBP to do so. This is a matter of people making a bad decision 10+, 20+ years ago but having established a life (and family, children, home etc) with no way to adjust status. They really are the reason this loophole remains open-- it's just about the only way for an illegal immigrant to "get legal". Whether you support THAT or not is also a different story but that's the reasoning. No need to pull apart families and all that. When we talk about ending the ability to AOS from tourist visas, we've got to remember that this demographic is included in that as well (and is probably much more significant in number than the line-jumpers, although they're basically in the same boat, same process etc).

[Umka36 781]

27 minutes ago, azblk said:

You are absolutely correct. The problem is many people here equate an aspect of the law they don't like to illegality and fraud -which it is not.

Fact is if you did intend to come to the US on non-immigrating visa with intent to AOS it is fraud, but it's up to the CBP to determine that prior to letting you into the US as mentioned by yourself and others.

 

However there are folks who do read this and will interpret it as a way to circumvent the immigration process (not doing the IR,CR,K process) by intentionally lying to CBP, but again it's CBP job to figure this out.

[Pennycat 880]

47 minutes ago, azblk said:

You are absolutely correct. The problem is many people here equate an aspect of the law they don't like to illegality and fraud -which it is not.

It is illegal to enter with the intent to AOS. However, once admitted, you can still AOS without them looking into your intent at the border. Just because someone successfully lies to CBP doesn't make it legal or non-fraudulent. It means they got away with it. It's still illegal if you don't get caught.