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International travel after submitting DS-230 to KCC

so how would you interpret F-1 non-immigrant student seeking admission while having petitioned for an immigrant visa number from the department of state...i'd think they are misrepresenting their non-immigrant intent.....just my opinion as AGAIN there is no precedent and whatever your lawyer tells you is HIS opinion
 
kunato said:
I'm sure they have heard of it,...and I'm also sure they know how to interpret it on realistic scenarios. You are trying to bestow knowledge that you don't posses; the mere fact you can find a law citation on internet (which anybody can do at this age), doesn't make you a lawyer, let a lone expert in law. You sounds like one of those people who find information on some aspect of medicine on internet (or in medical books) and immediately think they are capable of interpreting that information in the context of entire medicine as the physician would be able to.
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ok well i really could care less what you think or what i sound like to you.

i am just referring to reliable sources (THE LAW) which is essentially what every lawyer does. you are the one here advocating for people to break the law, NOT me. if you think it is ok for you to send in ds-230 and still apply for a non-immigrant visa then by all means go ahead. i am not saying and can't predict whether there will be consequences because we simply don't know this. your lawyer, you, the president or anyone else for that matter can't know that. what good lawyers do is ADVISE their clients in a manner that they think will result in a best case scenario for their clients. i would be hard pressed to find a qualified attorney who would think nothing of how immigrant intent relates to DV lottery selectees.. but good luck to you
 
kunato said:
I am not a student, I haven't gone through that experience, and if that was the case, I would call up my lawyer and ask for advice. I would not try to interpret anything myself...that's what lawyers are for, to interpret laws in the context of specific personal situation, which is why I don't really trust anything what's written on this forum.
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are you serious?????? just 24h ago you were telling the original poster that you have been in this situation!! now you went back and edited that post and are stating the contrary..wow
 
I knew one person who already have tourist visa before lottery and also have DV file under process tried to attempt to enter USA on tourist visa , Immigration stop him saying that your GC file is already on process.
 
kunato said:
There is nothing wrong in submitting ds-230 and then applying for a non-immigrant visa. Anyone can do that, but your visa may or may not be denied, and that's up to the consulate issueing the visa.

I think you have personal fears. Maybe you have done something wrong.

Your point: "i am just referring to reliable sources (THE LAW) which is essentially what every lawyer does."...ARE YOU implying that you are A LAWYER? Because it seems you are comparing yourself to one.

Originally Posted by sai-473
I knew one person who already have tourist visa before lottery and also have DV file under process tried to attempt to enter USA on tourist visa , Immigration stop him saying that your GC file is already on process.
And they would have! Of course they stopped him! The visa you have stamped in your passport allows you to board a plane to the US; the immigration and customs at the actual airport have the right to cancel your visa on the spot if they don't believe that you will use the visa in the way for the purpose that it was issued to you.

Maybe you haven't read the fine print, but even if you get immigration visa stamped in your passport and present yourself to the US border, that is not a guarantee that you will be let into the country....God...so many people don't read the fine print
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ok you really need to stop with this crap. you aren't listening to what anyone else is saying, just spewing out whatever comes to your mind.

the whole issue is whether ds-230 constitutes immigrant intent, and if it does, the consequences of misrepresenting your non-immigrant intent by applying for a NIV or by gaining admission using existing NIV. if you apply and disclose your immigrant intent you will most likely be denied a visa which stays on their record permanently. trying to over come assumption of immigrant intent could get harder after that.

what sai-473 was trying to say is that this person was stopped because they had their case processing with DOS, most likely they had send in their DS-230.
 
AND because they had their case processing they could not overcome assumption of immigrant intent. after this the denial of admission stays on your record FOREVER. it is not advisable to attempt to claim nonimmigrant intent when there is none.
 
kunato said:
you are again making conclusions which obviously show the lack of organized thoughts and skills.
"..... if you apply and disclose your immigrant intent you will most likely be denied a visa ..." that's not true.
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now this is getting really pointless. you are actually trying to tell me that a nonimmigrant visa can be approved when applicant can't overcome immigrant intent???
 
kunato said:
Again, not true....you can have your immigration application pending, apply for non-immigrant B1/B2 visa, which is used for tourist purposes, spend the vacation in Denver, then go back home and wait for your immigration process to be completed. But again, at any time you may be required to present the proof that you will use the visa for it's intended purpose and that you will return home; and at any time you may be denied entry to the US.

I'm not sure how long your denial record stays on file though. It appears that you've graduated from "Never-heard-of University law school", so you probably know :)
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and it sounds like you never graduated from anywhere.

of course you can apply and attempt admission or do whatever it is that your little mind pleases! again, for the millionth time, this is about whether it is NOT ADVISABLE to travel or apply for a nonimmigrant visa. and the answer again and again is YES, it is not advisable. if reasons to travel are more compelling than the slight chance of immigration fraud ever been discovered then by all means travel and do whatever.
 
kunato said:
Again, not true....you can have your immigration application pending, apply for non-immigrant B1/B2 visa, which is used for tourist purposes, spend the vacation in Denver, then go back home and wait for your immigration process to be completed. But again, at any time you may be required to present the proof that you will use the visa for it's intended purpose and that you will return home; and at any time you may be denied entry to the US.

I'm not sure how long your denial record stays on file though. It appears that you've graduated from "Never-heard-of University law school", so you probably know :)
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and btw, the fact that denial stays on your record indefinitely is stated in a cable issued by Colin Powell.
 
kunato said:
Again, not true....you can have your immigration application pending, apply for non-immigrant B1/B2 visa, which is used for tourist purposes, spend the vacation in Denver, then go back home and wait for your immigration process to be completed. But again, at any time you may be required to present the proof that you will use the visa for it's intended purpose and that you will return home; and at any time you may be denied entry to the US.

I'm not sure how long your denial record stays on file though. It appears that you've graduated from "Never-heard-of University law school", so you probably know :)
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entry being denied is not the most serious consequence so stop making people think that it is no big deal to try to conceal and misrepresent facts. immigration fraud can in worst case lead to inadmissibility and deportation. worst case, not likely case scenario. this is something that started out so small but you had to bring it to this level, so to make it clear: don't ever think that your actions when it comes to immigration can't have serious consequences. it is not to be taken lightly. that's all. again i am all for the original poster traveling because it sounds like there is a real need and whatever future consequences might be can always be litigated if worst worst worst case scenario happens for some reason.
 
I do not know how about F1 visa but I have already entered the US on B1/B2 visa once after sending DS230 form. To be honest I did not even think about the possibility of being denied entry. How can they check for your immigrant intension at the border? I do not carry any evidence to residential ties abroad. I always thought that they check only for security issues with you and not whether you are intending to enter and stay illegally.
 
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