Guilty until proven innocent

M

moonmosaic

Registered Users (C)
When I applied for my non-immigrant visa, I was told by the immigration officer that as life went in those days everyone was treated as guilty of being an intending immigrant and if I wanted to obtain a non-immigrant visa I would need to prove my innocence. So I did that.

Of course life changes and it doesn't always turn out as planned so here I am after 2 years changing my non-immigrant visa to permanent residence through marriage to an US citizen.

My question is, when we go to the interview, are we all being treated as guilty so we need to prove our innocence or are we all considered innocent until have been proven guilty? What is immigration's attitude towards those who were here illegally or had a non-immigrant visa at the time of filing AOS?

I just thought that the immigration officer made a very interesting statement before issuing my visa and it makes me wonder whether immigration officers who deal with approving AOS's have been instructed to have a similar outlook.
 
Last edited by a moderator:
When applying for a non-immigrant visa, the applicant must overcome section 214(b) of the INA. Which basically says that "everybody is a potential immigrant until proven the contrary". That is why one must show strong ties (family, financial, etc) to the home country, so this supposition of "guilt" can be turned to "innocence".

In the case of Adjustment of Status, it has more to do with the "Bona-fide Marriage" and proving that there is a real marriage and the GC is not being sought merely to avoid/circumvent immigration laws.

In your particular case though, it depends on your intentions and actual immigration history...

You would need to share, how you used your visa? did you remain past the i-94 expiration? etc?

Even if you overstayed, this would be pardoned as you married an USC and filed for AOS... But there is plenty of room for denials... such as the IO determining you entered illegally, or committed fraud or misrepresentation at the POE.
 
Thank you. I don't think I have anything to worry about. I didn't do anything unlawful. I came in on an F-1 visa that's valid till 2010 and I have no intention quitting school until I graduate. :)

My only question is that will I have to prove that the marriage is bonafide or would immigration have to challenge that? Am I guilty until proven innocent?:confused:

Let's say that my previous divorce cost me a small fortune :eek: so this time around I am more careful about comingling my finances. ;) So if I only take a handful of documents to the interview (joint lease, car insurance, medical insurance, pictures) would that be considered as not enough evidence to prove my "innocence"?:( On the other hand if they treated me as being innocent there's absolute nothing that could make me guilty.....or am I worrying about nothing?:rolleyes:
 
Last edited by a moderator:
You must log in or register to reply here.
Top