AOS by F4 beneficiary on B2 visa advisable?

[AAHH 1]

Hi, I am currently in US with B2 visa since November 2020. My PD is July 05, 2005 India and DQ date is March 25, 2020. I have two US citizen children from when I used to live in US back in time but since then left since 2017. They currently live with their grandparents who are also US Citizens. I got B2 visa right after I completed DS260. What are the chances of successful Adjustment of Status for F4 beneficiary on B2 visa? I have been in US recently from Feb 03, 2020 to July 17, 2020 and since Nov 18, 2020 (until May 17, 2021).

 

Anyone with similar experience or know of successful cases, please share.

 

Thank you!

 

[payxibka 10,045]

How old are the children?

[AAHH 1]

4 and 8.

[SusieQQQ 11,586]

Are you aware of the limitations of adjustment in terms of not being able to work or travel out the US till you receive EAD/AP which people are reporting currently takes 6 months or more? As F4 applicant any violation of status will lead to AOS denial. Seeing as you have spent most of the past year in the US (presumably not working illegally) this may not matter but you should be aware of it. ( If you are of employable age but not working for so long it may also count against you from a public charge totality of the framework perspective. Not directly related to adjusting from B but FYI. )

Edited March 4, 2021 by SusieQQQ

[AAHH 1]

I became an investor after leaving US and have enough money to support family. I also own a house in US which is on mortgage and it’s being paid. Never had status violation. I came to US on F1 visa on 2007 started working after on H1B and left when my visa expired in 2017. I don’t mind waiting. Waiting for GC almost 17 years now. 
 

Is B2 status a BIG negative factor for AOS?  Did anyone ever successfully got AOS on F4/B2 route?

 

 Thanks!

[AAHH 1]

What I mean to ask is if they would consider a humanitarian basis (separation from children) more positive or AOS on B2 more negative for legal immigrants? (Just like they do for undocumented immigrant.)

 

 Thanks!

Edited March 4, 2021 by AAHH

[SusieQQQ 11,586]

Hard to say, adjusting from B status for F3 and F4 seems very rare. Don’t see any outright reason to deny.  Obviously don’t know all factors, what you told CBP on entry, etc.
 

26 minutes ago, AAHH said:

What I mean to ask is if they would consider a humanitarian basis (separation from children) more positive or AOS on B2 more negative for legal immigrants? (Just like they do for undocumented immigrant.)

 

 Thanks!

I think you misunderstand the situation with undocumented immigrants. And if children are with grandparents it seems it was a choice to leave them in the US rather than take them with you, not sure this is a route you want to start down in terms of arguing justification with uscis.  (No we don’t need to know all the reasons stuff happened, no need to explain to us, just pointing out you might not want to go down that road.)

 

Edited March 4, 2021 by SusieQQQ

[AAHH 1]

Exactly my doubt, unfortunately the decision is based on discretionary practice. Each interviewer will see this differently based on his/her point of view. Thanks anyway!

[SusieQQQ 11,586]

Curious, is your wife with you on B2?

 

 

[AAHH 1]

Yes

[SusieQQQ 11,586]

Ok well that info really scuppers the humanitarian argument, Just go with the straightforward reason that you decided to adjust. As said we don’t know all the details. Bear in mind there will be a record of whatever conversation you and your wife may have had with CBP on the way in.

 

F4 for your date is current for filing AOS anyway so you may as well pull the trigger and find out what happens. Guessing with current wait times you’ll get an interview in maybe a year or so, could be longer, if you’re lucky and at a quiet FO could be shorter.