Tourist Visa - First Time

F

Flashington

Registered Users (C)
Entered US with Tourist Visa 9 years ago

Hi guys,

I entered the US with tourist visa 9 years ago and applied for Asylum at that time, right now I'm a LPR, somebody told me that I can be in big trouble when applying for citizenship because I told the IO at the POE that I was coming as a tourist and applied for asylum. His point is that it was not true that I was coming as a tourist because I applied for asylum. I'm a little worried about it.

Any legal thoughts on this?
 
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Flashington said:
Thankful,

can you please elaborate a little more on this? Any legal concepts?
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By the time they interview you for citizenship too much water has passed under the bridge.

There is an issue of fraudulent entry when you enter the country on a temporary visa while having the intent of staying here permanently. This issue arises from time to time when the person applies for adjustment of status. The USCIS can accuse an adjustment applicant of having committed fraud. Did the USCIS ask you to explain this when they approved you for LPR? Often asylees file I-602 waiver request forms in response to these accusations.

For asylum applicants the USCIS recognizes that people arrive here in all sorts of manners. So after they granted you adjustment they will not reopen this issue. This of course assumes that you have not concealed anything from them.
 
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thankful said:
By the time they interview you for citizenship too much water has passed under the bridge.

There is an issue of fraudulent entry when you enter the country on a temporary visa while having the intent of staying here permanently. This issue arises from time to time when the person applies for adjustment of status. The USCIS can accuse an adjustment applicant of having committed fraud. Did the USCIS ask you to explain this when they approved you for LPR? Often asylees file I-602 waiver request forms in response to these accusations.

For asylum applicants the USCIS recognizes that people arrive here in all sorts of manners. So after they granted you adjustment they will not reopen this issue. This of course assumes that you have not concealed anything from them.
Click to expand...

Never asked to explain this when approved for LPR.

Thanks for your info, it makes me feel better.
 
At the time of adjustment for asylees we are asked to file a waiver form as mentioned in the other post if you did not have a valid immigrant visa at the time of entry. I have seen in your case where individuals entered the US on a tourist visa and due unforseen circumstances had to apply for asylum. Those individuals who got approved as LPRs (such as yourself) have already informed CIS of their method of entry so you have in essence not lied. You got aslyum status and the GC (as a result) by proving your warrant for such a status.

My 2 cents.

FYI -- There is a question on the N-400 (application for naturalization) that asks whether or not the applicant has wilfully and knowingly lied to an IO to gain entry into the U.S.
 
LolaLi said:
At the time of adjustment for asylees we are asked to file a waiver form as mentioned in the other post if you did not have a valid immigrant visa at the time of entry. I have seen in your case where individuals entered the US on a tourist visa and due unforseen circumstances had to apply for asylum. Those individuals who got approved as LPRs (such as yourself) have already informed CIS of their method of entry so you have in essence not lied. You got aslyum status and the GC (as a result) by proving your warrant for such a status.

My 2 cents.

FYI -- There is a question on the N-400 (application for naturalization) that asks whether or not the applicant has wilfully and knowingly lied to an IO to gain entry into the U.S.
Click to expand...

Thanks LolaLi,

Any thoughts about that question?
 
Flashington said:
Hi guys,

I entered the US with tourist visa 9 years ago and applied for Asylum at that time, right now I'm a LPR, somebody told me that I can be in big trouble when applying for citizenship because I told the IO at the POE that I was coming as a tourist and applied for asylum. His point is that it was not true that I was coming as a tourist because I applied for asylum. I'm a little worried about it.

Any legal thoughts on this?
Click to expand...

The only thing that could be a cause for concern is if you misrepresented any material fact. For example, coming to the country on a visa tourist and claiming that you came on another means. In any stage of the adjusting process they ask for and review the means by which immigrants came, and this should be consistant.

And coming on a tourist visa and claiming asylum is legitimate path to gain legal status. You should nothing to worry...
 
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