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zaback21

Adjustment of Status question

By zaback21 in Bringing Family Members of Permanent Residents to America

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zaback21 Enthusiast

zaback21   31

Posted
Filed: FB-2 Visa Country: Bangladesh
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Posted

Hi, my F2B Filing Date has been current which means I can do Adjustment of Status. 

 

I am planning to visit USA with a B2 visa and currently you can only get single entry 30 day visa. If I file within 30 days, is it a risk of misrepresentation? Since I can't do 60 days wait let alone 90 days. Can anyone please suggest with any experience recently or know of such? 

RICARDO4EVA2 Mentor

RICARDO4EVA2   200

Posted
Filed: F-2A Visa Country: Jamaica
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Posted

Well ..  your big issue is intent at the time of entry which can lead to denial of the same benefit that you seek. In the immigration season we're in, be careful.

 

 

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

appleblossom Mentor

appleblossom   6,016

Posted
Filed: EB-1 Visa Country: United Kingdom
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Posted (edited)
42 minutes ago, zaback21 said:

Hi, my F2B Filing Date has been current which means I can do Adjustment of Status. 

 

I am planning to visit USA with a B2 visa and currently you can only get single entry 30 day visa. If I file within 30 days, is it a risk of misrepresentation? Since I can't do 60 days wait let alone 90 days. Can anyone please suggest with any experience recently or know of such? 


It’s illegal to enter the US as a visitor if your actual intention is to adjust status and try and stay. It wouldn’t matter when you filed, it would still be immigration fraud. 

 

So don’t do it. Visit (if you already have a valid B visa) but then return and go through consular processing as planned. 

Edited by appleblossom
Crazy Cat Grand Master

Crazy Cat   46,579

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
5 hours ago, zaback21 said:

Hi, my F2B Filing Date has been current which means I can do Adjustment of Status. 

 

I am planning to visit USA with a B2 visa and currently you can only get single entry 30 day visa. If I file within 30 days, is it a risk of misrepresentation? Since I can't do 60 days wait let alone 90 days. Can anyone please suggest with any experience recently or know of such? 

As @appleblossom said, you cannot enter the US as a visitor with the intent to stay and adjust status.  In addition, even 1 day being out of status (if that happened) would prevent you from ever adjusting status from F2b category.  "Out of status" would not be forgiven.  I would absolutely wait and go the consular processing route.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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