When or how can the Non-Immigrant classification be removed after AOS, post K1 entry?

[PRC Rabbit 40]

I've reviewed 8 USC §1101 (a) 15 and (20) and it appears that K1 entrants who adjust status to Permanent Resident will always be  considered  not   "lawfully admitted for permanent residence as an immigrant".

It was my understanding that the  "Non-Immigrant" status of a K1 Visa Beneficiary was temporary -only 90 days-   after which the Beneficiary either left the USA or married the Sponsor and completed Adjustment of Status.

The removal of the Non-Immigrant intent was the benefit of  K1 as opposed to  B1 or unlawful crossing to then wed a USC.  It was my understanding that  the Non-Immigrant status of a K1 Visa entrant was special/unique and only temporary because of the 90 day requirement to marry or depart. The  continuation of  Non-Immigrant Intent  beyond the Adjustment of Status to PR  seem discriminatory at the least.  This is in reference to 42 USC §1436a.

 

It just seems so contrary to the entire scheme of lawful immigration procedure. It's as if the INS has created a sub-class of Permanent Resident.

[aaron2020 11,651]

You are classified as an immigrant once you get a green card.

 

As a K-1, you were lawfully admitted as a non-immigrant.   As a K-1 who has filed for AOS, you are a non-immigrant seeking to adjust status to being an immigrant (legal permanent resident).  A K-1 who files for AOS is not a sub-class Permanent Resident since that person has not achieved permanent residency by having a green card.  That person is a non-immigrant seeking to be an immigrant (permanent resident).  

 

Nothing discriminatory about that.  You are simply reading what you want into the law and legal code to suit your desires.

 

 

 

Edited September 8, 2020 by aaron2020

[PRC Rabbit 40]

Thank you. I needed another opinion.

 

The argument I'm faced with is  an outright contradiction to the  scheme of Title 8.  The  "non-immigrant" status  can only last for 90 days (temporary by design) ending by departure or AOS .  Once Permanent Resident status is obtained  the Non-Immigrant status cannot continue. 

Edited September 9, 2020 by PRC Rabbit