How is USCIS is they going to know that person "visiting" the US is going to apply for green card?
B2 visa extension
- Thread starter delfik
- Start date
How is USCIS is they going to know that person "visiting" the US is going to apply for green card?
Triple Citizen
Registered Users (C)
They do not know at the POE, but they can suspect it, and on suspicion alone can deny entry. Even if entry is granted, the USCIS can accuse the AOS applicant of hiding their intent at the POE and then the burden of proof lies with the applicant.
chotashikari
Registered Users (C)
Reading this memo http://imminfo.com/resources/extension.pdf gives the impression that unlawful presence is not retroactive, it starts from the date extension is denied and I even red that some times USCIS gives 10 days grace period after denial to leave the country. Is that true?
Hi khilonna, did you hear anything? I am in similar situation as you and am contemplating extending Mom's stay. I will also file her AOS once I become citizen. If you read several posts from 2006/07 on the GC for parents thread you will see that in case of parents the so called intent etc that TC and some other folks have been talking about just doesn't hold water. There are many cases where parents just overstayed several years and even then it was forgiven for parents of USCs. I don't believe there is any issue with filing for extension and then later AOS because extension will allow her to travel back just in case of emergency (if 485 is not yet filed) and once you file 485 and get AP she can travel using AP.
Please let us know your experience if you are still around but I do feel that there is a lot of paranoia being spread around by some folks on this board for no logical reason. I believe there is absolutely nothing to worry wrt Parents of USCs.
Also, on USCIS website the I-539 processing date for VSC is Sept 24 2007. That means it is taking at least 6 months for them to process extension request. That is so silly. You may get the decision after another 6 months stay is over. In the meantime citizenship will be done and AOS will be filed. I wonder why they have EOS at all. Just give everybody I-94 for one year with no extension allowed !!!!
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Triple Citizen
Registered Users (C)
No one here is paranoid. No one is deliberately trying to scare anyone. The fact remains that parents can AOS from B-2 status. Having said that, this is also a fact that USCIS does not like people AOSing from B-2 visas. Such an applicant can always be accused of misrepresentation and fraud.
Are you speaking for yourself or are you a USCIS representative? Last time I checked USCIS has been granting more than 110,000 green cards to parents of USCs on average every year and surely most of them already had some kind of visa on which they have been to US (mostly B1/B2). The AOS/CP for parents forum has numerous such examples. Sounds like USCIS does not have any problem and is not accusing anyone of fraud or misrepresentation.
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Concerned4us
Banned
USCIS may be lax on some AOS for parents today - but there is always tomorrow. It is better to obey the rules to the letter of the and not try to scam the system. It can come back to bite you later on. Guests in the US need to obey all of the laws not just the ones that are convenient for them.
Thanks for your advice Mr Authority. Let the USCIS decide what is a scam. You can too once you have your own country where you can have your own laws till that time there is no need to throw your weight around. This forum is meant to help people resolve their issues. Talk logic and facts with supporting evidence!!!
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Triple Citizen
Registered Users (C)
I am willing to pay the price if I am wrong, are you if I am right?
At the end of the day it is your call. Like civil people we can agree to disgree.
At the end of the day it is your call. Like civil people we can agree to disgree.
Well, I wouldn't want to argue for it will lead to nowhere. I just want to say that it is common knowledge that any or all visa petitions can be denied for any/several reasons. The objective of this forum aught to be to help folks scale the landmines involved in the process and not to be argumentative and judgemental. Nobody is a voice of authority here and if they were they wouldn't be sitting on internet chat boards. But reading several posts from yourself and some others on this and also other threads they are clearly judgemental without being supported by facts & evidence. It is good to let people know the downsides/risks of a process like AOS for parents on visitors visa but it is another to accuse somebody of committing fraud, scam, misrepresentation etc without presenting any facts/evidence. The attitude of speaking from a self knighted high moral ground is what I object to.
Triple Citizen
Registered Users (C)
That too is relative to individual interpretation. I write in a specific style and have consistently held the same views on these forums for 18 months or so. On this thread all I did was simply point out the fact that any applicant who AOSes from B-2 can be accused of fraud and misrepresentation. I never stated that the applicant will be accused of fraud and misrepsentation. Had I done that, then yes you would have been right in accusing me of being judgemental. I still stand by what I said.
If my style of writing appears judgemental to you than I will apologise for this iteration and the ones that will come in the future.
If my style of writing appears judgemental to you than I will apologise for this iteration and the ones that will come in the future.
Posters comes to this forum to get help because it is not necessarily available outside and may come with a price tag. Not everyboday's personal situation goes by the book so they come here to seek advice but you quickly throw the book from hell into their face. This isn't something that a poster wouldn't know already but by speaking from the "dark side" how are you HELPING? I still believe that is passing judgement and that too Darth Vaderly, but since you have already agreed to disagree it's ok.
Triple Citizen
Registered Users (C)
We never heard back. When I called to checkup, I was told it would take 8-9 weeks to process extention application. My MIL will come back and apply for Immigration; we wanted no problems in the future. She went back couple of days before her I-94 was to expire. I asked the immigration officer what happens if she stays but I-94 expires. The officer was very vague and said she will have 10 days to leave. The other problem with us was that it might not be easy to find a plane ticket back in 10 days.
How long do we need to wait before she can visit us again?
Triple Citizen
Registered Users (C)
To play it safe, no visitor should spend more than 6 months in the US during any rolling 12 month window. Since she left just a few days before her I-94 expired, she should wait for at least 6 months before seeking re-entry.
If she already left the country before I-94 expired then extension request has no meaning left. Consider your $300 wasted and now more money will be wasted in new air ticket, which btw are getting expensive by the day. Did she really have to go when you were anyway going to apply her GC? Going out and coming back in and then applying for GC is no different than just applying for extension and then filing AOS (based on a advice given to me by a reputed lawyer). Infact for US Citizen parents even out of status condition is forgiven so she could have just stayed on without filing extension till your wife got her citizenship and then you could have filed her GC. Extension request is recommended so that you can travel back in case of emergency and if your Citizenship is still pending. Once you file I-130/485 you also file for Advance Parole which you can use for travel in emergencies.
Regarding returning I think if she waits for a few weeks before returning she should be fine. My mom came back in two weeks a few years back and had no issue.
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Concerned4us
Banned
Vik Pal,
The mood of the country involving immigration issues and foreign guests was much different "a few years back" than it is right now. Just because it worked than doesn't mean it will work now. It is people disobeying the letter and the spirit of US law - like your mother "living" in the US on as visitor visa as evidenced by her long, quick turnaround visits - that has made it difficult for legitimate visitors from certain countries to obtain visas. You have so little regard for the laws of the US that you openly advise others to violate them.
This is a site for LEGAL advice. No one should advise that someone deliberately violate US law.
khilonna
If she stays only briefly in her home country before applying again for entry, she may be denied entry or given a very short authorized visit or given a full 6 month visit. It is at the option of the IO. Think of the consequences of the worst case of her being forced to immediately return to her home country.
Be advised that Triple Citizen is one of the most knowledgeable posters on this forum. As far as I can tell, Vik Pal has added little except to disagree with the "experts." You decide whose advice is better.
The mood of the country involving immigration issues and foreign guests was much different "a few years back" than it is right now. Just because it worked than doesn't mean it will work now. It is people disobeying the letter and the spirit of US law - like your mother "living" in the US on as visitor visa as evidenced by her long, quick turnaround visits - that has made it difficult for legitimate visitors from certain countries to obtain visas. You have so little regard for the laws of the US that you openly advise others to violate them.
This is a site for LEGAL advice. No one should advise that someone deliberately violate US law.
khilonna
If she stays only briefly in her home country before applying again for entry, she may be denied entry or given a very short authorized visit or given a full 6 month visit. It is at the option of the IO. Think of the consequences of the worst case of her being forced to immediately return to her home country.
Be advised that Triple Citizen is one of the most knowledgeable posters on this forum. As far as I can tell, Vik Pal has added little except to disagree with the "experts." You decide whose advice is better.
You are at it again. I will not argue. Just as FYI the officers on Airports are not general American people they are actually people trained in the LAW and know how to implement it. You keep lecturing abstract because you just cannot accept reality.