samo2016
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Posts posted by samo2016
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Preconceived intent is not a problem for immediate relative adjustments. This legal principle comes from Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980) and it is further explained in Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981).
The basic rule is that preconceived intent is not an inadmissibility bar (family based AOS), but fraudulent misrepresentation is. When she entered USA and was not questioned at POE about intent she can AOS. If she was, it is up to USCIS to find fraudulent misrepresentation and deny AOS.
The key theory is that silence, or failure to volunteer information, is not fraudulent misrepresentation. This is clarified in 9 FAM 40.63 and Matter of Tijam.
- JayJayH, mallafri76 and Boiler
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Our "Red Flag" AOS interview experience.
in Adjustment of Status Case Filing and Progress Reports
Posted
I was wondering why do you think your case was "red flaged"