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Jess A

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    Why does the US hate AOS from tourist visas?

    in General Immigration-Related Discussion

    Posted · Edited by Jess A
    grammar

    13 hours ago, Crazy Cat said:

     

    Hang around.  You'll find that we are quite knowledgeable regarding immigration matters. 

    Entering the US as a visitor with the intent to stay and adjust status IS fraud.  THAT is a fact.  No, Not everyone knows that. 

    Intent is an internal choice.....but CBP needs only suspicion. 

    I have visited VJ for research purposes in the past but never opened an account. And you are right, there is a lot of knowledge and helpful information but there is also a lot of bias regarding certain topics. My humble opinion

     

    I guess I broke my own statistical law, so I would rephrase "MAJORITY of people coming with INTENT know they are committing FRAUD/misrepresentation" 

     

    Intent is difficult to identify/prove. And you are right, CBP needs only suspicion. You may come with the intent and pass through. Also you may come with no intent and get returned at the POE or even before. So at the end, to me, your intent doesn't really matter. It is CBP/USCIS role to decide your intent, whatever it is true or not. That's the idea that I'm trying to convey here!  

     

    1 hour ago, ROK2USA said:

    Fun story of what happens when you tell CBP you plan on adjusting:

    Sure that wasn't fun for the kids....and I'm sure its not fun to be separated from your family after you no longer has ESTA privileges. Now if dad wants to see his family they all have to fly to him. No ability to fly to the US. 

     

    Bonus "They have a ban" thread link in the comments. 

    I have volunteered for some immigration groups/church in TX, FL and LA. And have I heard/seen stories about people getting refused to board a plane to the US and visas cancelled afterwards. Literally hundred of stories and families teared apart. But also, I have personally seen/heard people at the POE blatantly saying to the CBP officer they intent of not coming back to their country and they were granted entry!! And to be honest, most of the people with INTENT pass through it. That's why the immigration system need to to overhauled/changed.  

     

    Some of people have been rightfully rejected. Others not so much. So the point of the intent is most related to the CBP/USCIS "opinion" about it. 

     

    1 hour ago, ROK2USA said:

    Why would you want to celebrate and encourage behavior that has very expensive consequences?

     My apologies to y'all, but I'm not celebrating or condoning that behavior. I'm just stating my opinion about the reality of the situation. Consequences are there. Laws are written. It is everybody job to comply with them.

     

    And I guess the point of reiterating the intent/fraud statement is to comply VJ service terms. 

     

    1 hour ago, ROK2USA said:

    If VJ REALLY HATED AOS from tourist visa they wouldn't have it as an option in one of the forums

     It is not VJ itself. It is a group of senior members. My humble opinion again. 

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    Why does the US hate AOS from tourist visas?

    in General Immigration-Related Discussion

    Posted

    On 6/26/2022 at 7:39 AM, Crazy Cat said:

    No knowledgeable member here says that all cases of adjusting from a B2 is fraud.  However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud.  

    I really don't understand what is the point of stating "However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud." So? Everybody knows that, whoever comes here with or without intent. That's a fact!

     

    It is USCIS job to evaluate that intent. Not you, not me, not the lawyers. That's why the 90 days rule is on the FAM. And that's why they are trained to read between lines.  

     

    Each case is a universe of infinite possibilities. 

     

    We can scream here and say this and that. That will not change the facts: AOS from visitor visas is common thing and USCIS/DHS doesn't hate it. It is only a few group of senior VJ members who automatically associate it with fraud/hate/legal problems. 

     

    And I would like to offer my apologies if anybody find my post harsh, rude or similar. But this is like a group of republicans and democrats arguing about points like: guns, abortion, etc. Some people may reach the limit. I'm one of them.

     

    I'm so sorry... 

     

     

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