Re-Applying for residency after surrendering permanent resident status

[NikLR 13,220]

You can interview wherever you're a citizen if that's easier too! You normally get the interview date about a month out. 

[Tampatownfan 16]

Multiple passports same citizenship. Thanks for the positive information.

[azblk 338]

8 hours ago, Tampatownfan said:

At this stage, I have no plans to remain on my B1/B2 and adjust, however I do have to question the stance that one cannot adjust irregardless on this type of visa. If that was the case the laws would make it much like the ESTA, where status cannot be adjusted full stop, or rather the right to appeal against a negative immigration ruling is waived. The rules for B1/B2 clearly state that one can adjust status and appeal a negative ruling, the issue I suggest would be the level of 'intent'. Given the fact we have been married for over 11 years, it is entirely possible that at some stage, we could, and I would suggest would, be entirely justified, in applying for an AOS under the B1/B2. I can already hear the cries of 'visa fraud', but would like to hear what wouldn't be classed as visa fraud? What justifications are there to adjust and not be classed as committing visa fraud? I find it ironic that many of those crying visa fraud have no direct experience of adjusting from a B1/B2, but the one person who did adjust, didn't have any problems with it? Food for thought. 

My take on this is you have to do what makes the most sense for you and your family. There are many ways to skin a cat and every cat eater has to figure out which way works best for them.  If you choose to AOS there is nothing in the law that prevents you from doing so. The morality brigade on these forums will frown against anything not done the "right way" meaning if you do not do it like they did then you are cheating or committing visa fraud.

In the 5 years since my wife moved back to the US. I came to visit about 15 times total,  every time CBP asked me what the purpose of my visit was - i answered truthfully that I was here to see my wife/children and that was the end of it. At no time was i asked if i planned to stay and AOS or anything along those lines.

 

[Tampatownfan 16]

And that is exactly the same experience that I have had returning for 3-4 weeks every 12 over the last 4 years. Many thanks for the supporting comment, I fully agree with your observation. Good luck with the rest of the process.

[NikLR 13,220]

7 hours ago, azblk said:

My take on this is you have to do what makes the most sense for you and your family. There are many ways to skin a cat and every cat eater has to figure out which way works best for them.  If you choose to AOS there is nothing in the law that prevents you from doing so. The morality brigade on these forums will frown against anything not done the "right way" meaning if you do not do it like they did then you are cheating or committing visa fraud.

In the 5 years since my wife moved back to the US. I came to visit about 15 times total,  every time CBP asked me what the purpose of my visit was - i answered truthfully that I was here to see my wife/children and that was the end of it. At no time was i asked if i planned to stay and AOS or anything along those lines.

 

of course you weren't.  But you could have said, i am planning on settling down with my wife and kids, and THEN you would have been denied entry and your ability to enter without a visa would have been over.  So how you say something and if the CBP officer in front of you believes you and your intentions is another story.  My ex SIL was denied entry with her 15 year old daughter sitting in their house in Hawaii. She needed to bring the paperwork proving the children were attending a private school, had the appropriate visas, to do so and that she hadn't spent too much time in the USA.  (of course she had, but that's besides the point atm.)  The next day the CBP officer didn't even ask for any of this paperwork and waved her through.  Not everyone can afford to buy a ticket for the next day though. 

[azblk 338]

1 hour ago, NikLR said:

of course you weren't.  But you could have said, i am planning on settling down with my wife and kids, and THEN you would have been denied entry and your ability to enter without a visa would have been over.  So how you say something and if the CBP officer in front of you believes you and your intentions is another story.  My ex SIL was denied entry with her 15 year old daughter sitting in their house in Hawaii. She needed to bring the paperwork proving the children were attending a private school, had the appropriate visas, to do so and that she hadn't spent too much time in the USA.  (of course she had, but that's besides the point atm.)  The next day the CBP officer didn't even ask for any of this paperwork and waved her through.  Not everyone can afford to buy a ticket for the next day though. 

I am not sure I get your point or how it is related to the discussion at hand.

People are routinely denied entry if the CBP is suspects they will not leave or they have immigrant intent. Am not sure how showing that your SILs children were in private school and had the correct visas to be here are related to whether she had intent or not. I also don't understand how she could be denied entry and her visa/esta was not cancelled, allowing her to come back the next day. Also CBP has access to USCIS databases and could have checked on the children's visas instantaneously - i think this was a CBP officer on a power trip.

But like I said earlier everyone must decide for themselves what makes the most sense for them. If the OP decides to AOS it is his decision.

[NikLR 13,220]

21 hours ago, azblk said:

I am not sure I get your point or how it is related to the discussion at hand.

People are routinely denied entry if the CBP is suspects they will not leave or they have immigrant intent. Am not sure how showing that your SILs children were in private school and had the correct visas to be here are related to whether she had intent or not. I also don't understand how she could be denied entry and her visa/esta was not cancelled, allowing her to come back the next day. Also CBP has access to USCIS databases and could have checked on the children's visas instantaneously - i think this was a CBP officer on a power trip.

But like I said earlier everyone must decide for themselves what makes the most sense for them. If the OP decides to AOS it is his decision.

We're Canadian.  We don't needs visas or use ESTA to visit. Until 911 we didnt even need passports.

The CBP officer wanted proof that the 15 year old was in Hawaii, alone and was legally attending school

You made my point... it comes down to the CBP officer that day that you deal with and if they choose to believe you about your intent. If they don't they will deny entry.  For people who need visas or have to use ESTA, obviously that creates an issue.