CR1 to B2 to AOS?

[Carl2602 1]

Hello, 

 

Current situation:

• Currently outside the US. 
• Currently DQ'd with NVC and waiting for an interview at my local embassy.
• I have family members in the US with medical emergencies, therefore I am trying to find a way to expedite CR-1 process.
• My immigration attorney has advised me to instead apply for a B2 visa, w/ family medical emergency as the reason for expedition of my visa, while still waiting in the queue for a CR-1 interview. 
• Then, he suggested once we get to the US to apply for an Adjustment of Status. 

 

Question:

• Is this immigration fraud? Does this recommendation from my attorney even make sense, given that I am already at the last stages of the CR-1 Process?

 

Thanks for all the help!

[HRQX 4,145]

21 minutes ago, Carl2602 said:

Is this immigration fraud?

Yes, preconceived intent to AOS from B-2 is illegal.

 

At POE, you must be honest with the CBP officer and the officer will deny you entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[Carl2602 1]

40 minutes ago, HRQX said:

Yes, preconceived intent to AOS from B-2 is illegal.

 

At POE, you must be honest with the CBP officer and the officer will deny you entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Yes, this is what I thought.

 

Is it possible to apply for a B2 visa with the intent of visiting family, and then return back to my home country to finish the CR-1 visa. Will the CR-1 visa be affected if I do this?

[HRQX 4,145]

2 minutes ago, Carl2602 said:

Is it possible to apply for a B2 visa with the intent of visiting family, and then return back to my home country to finish the CR-1 visa.

Yes, that is possible:

[Carl2602 1]

7 minutes ago, HRQX said:

Yes, that is possible:

I understand that the length of the visa given at POE is up to the discretion of CBP officer. However, in your experience what is the average length of visa given for family visit? 

[SalishSea 17,936]

1 hour ago, Carl2602 said:

Hello, 

 

Current situation:

• Currently outside the US. 
• Currently DQ'd with NVC and waiting for an interview at my local embassy.
• I have family members in the US with medical emergencies, therefore I am trying to find a way to expedite CR-1 process.
• My immigration attorney has advised me to instead apply for a B2 visa, w/ family medical emergency as the reason for expedition of my visa, while still waiting in the queue for a CR-1 interview. 
• Then, he suggested once we get to the US to apply for an Adjustment of Status. 

 

Question:

• Is this immigration fraud? Does this recommendation from my attorney even make sense, given that I am already at the last stages of the CR-1 Process?

 

Thanks for all the help!

Your immigration attorney is advising you to commit fraud.   I’d fire him.

[SalishSea 17,936]

8 minutes ago, Carl2602 said:

I understand that the length of the visa given at POE is up to the discretion of CBP officer. However, in your experience what is the average length of visa given for family visit? 

There isn’t any special “family visit.”   B2 visitors can stay for up to 6 months, but the amount of time allowed at POE may be much less.

[SalishSea 17,936]

23 minutes ago, Carl2602 said:

Yes, this is what I thought.

 

Is it possible to apply for a B2 visa with the intent of visiting family, and then return back to my home country to finish the CR-1 visa. Will the CR-1 visa be affected if I do this?

The CR-1 won’t be affected, but the reverse could happen.   You have clear immigrant intent, so they may decide you’ll do what your lawyer recommends,  and deny it.

[Carl2602 1]

5 minutes ago, Jorgedig said:

Your immigration attorney is advising you to commit fraud.   I’d fire him.

Yes this was my fear.