Can She Do This?

[Bob in Boston 734]

My friends step daughter is here in the US on a B-2 Visa. She is about to marry her Boyfriend and adjust her status. Befor she adjusts she wants to fly her daughter to the US using her daughters Esta Visa so she can adjust with her. I say No because it will be misrepresention at the boarder. Coming to adjust status. Please chime in so she takes this warning I gave her seriously.    Thanks

[Crazy Cat 41,976]

You are correct.  A person cannot enter the US via ESTA with the intent to stay and adjust status.  And I don't think that is the only issue.

@Mike E  @Boiler

Edited March 5, 2023 by Crazy Cat

[K1visaHopeful 2,840]

If they both came as you described they can both be nabbed for Visa Fraud and deported and banned.

 

Ie. If the Step daughter knew she was going to AOS before she arrived too, her case is visa fraud as well. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Lil bear 4,248]

11 minutes ago, Bob in Boston said:

My friends step daughter is here in the US on a B-2 Visa. She is about to marry her Boyfriend and adjust her status. Befor she adjusts she wants to fly her daughter to the US using her daughters Esta Visa so she can adjust with her. I say No because it will be misrepresention at the boarder. Coming to adjust status. Please chime in so she takes this warning I gave her seriously.    Thanks

Entering into the US on a visitor visa  with the intention of adjusting status is fraud. Lying to CBP / USCIS regarding purpose if the visit is misrepresentation. Consequences of either are significant and not to be messed with

[Bob in Boston 734]

Her daughter is 8 years and still at home in the Philippines, she plans on bringing her here (Flying her here as an unaccompied minor) to do this. This is what I say is fraud.

[Crazy Cat 41,976]

1 minute ago, Bob in Boston said:

Her daughter is 8 years and still at home in the Philippines, she plans on bringing her here (Flying her here as an unaccompied minor) to do this. This is what I say is fraud.

Under what basis can the daughter adjust status?  

[Lil bear 4,248]

1 minute ago, Bob in Boston said:

Her daughter is 8 years and still at home in the Philippines, she plans on bringing her here (Flying her here as an unaccompied minor) to do this. This is what I say is fraud.

I doubt that you will convince her that this is not a wise move .. give the correct information, point to the legal pathway, and step back. Its going to get messy 

[Bob in Boston 734]

2 minutes ago, Crazy Cat said:

Under what basis can the daughter adjust status?  

Mom plans on having her here so when she gets married they can do it together.

[Bob in Boston 734]

3 minutes ago, Lil bear said:

I doubt that you will convince her that this is not a wise move .. give the correct information, point to the legal pathway, and step back. Its going to get messy

I agree ..... just trying to save them some heartache

[Boiler 45,656]

5 minutes ago, Bob in Boston said:

Her daughter is 8 years and still at home in the Philippines, she plans on bringing her here (Flying her here as an unaccompanied minor) to do this. This is what I say is fraud.

So her Daughter has dual Citizenship.

 

You asked if she can do it, well yes, many people do. Will the child have an issue at the PoE, probably not.

 

Fortunately your friend is not a member of VJ as this would be a clear breach of the ToS.

[Bob in Boston 734]

1 minute ago, Boiler said:

So her Daughter has dual Citizenship.

Swedish/Philippine

1 minute ago, Boiler said:

You asked if she can do it, well yes, many people do. Will the child have an issue at the PoE, probably not.

and thats why they want to try

 

4 minutes ago, Boiler said:

Fortunately your friend is not a member of VJ as this would be a clear breach of the ToS

I have pointed them here, dont want to hear it.

[Bob in Boston 734]

Thank you all for your comments, I am going to show this to them, wish them luck and stay out of it.

Thanks again

Edited March 5, 2023 by Bob in Boston

[Crazy Cat 41,976]

1 minute ago, Bob in Boston said:

Swedish/Philippine

and thats why they want to try

 

I have pointed them here, dont want to hear it.

Fraud is fraud...whether they get caught or not.

[Bob in Boston 734]

1 minute ago, Crazy Cat said:

Fraud is fraud...whether they get caught or not.

I agree

[Mike E 11,740]

28 minutes ago, Crazy Cat said:

You are correct.  A person cannot enter the US via ESTA with the intent to stay and adjust status.  And I don't think that is the only issue.

@Mike E  @Boiler

I agree and also agree with @K1visaHopeful that mom can be deported at the extreme end of the spectrum. At the middle of the spectrum is a permanent ban for misrepresentation.  
 

The issue to me is that marrying and adjusting status with the bf is fine if it wasn’t planned in advance. However, flying in the daughter makes it more likely the mother’s plan to adjust was premeditated. Even if all those comes together, at N-400 time USCIS can review the entire case from original POE to date of interview.  Which we’ve seen before.