materialcontroller

Maybe "coerce" is a better choice of word then. Certainly there is an element of corralling people away from the more risky courses of action. An example of what I particularly object to can be found in Noorah's post #21:

That was in answer to a point about filing I-130. The use of the word "correct" implies that the AOS route is not correct, which is patently untrue. Using language such as "the correct method of immigrating" is misleading and I think it ought to be avoided.

Noorah101

I do my best to avoid that, but sometimes it comes out. "correct" was too strong a word, and should have been "less risky".

Rene

S Folinsky

Beg to disagree: In fact, a common complaint is that lawyers are "naysayers" and can get in the way of the quickest easiest way. I happen to think that the complaint is justified.

S Folinsky

It is not "perfectly" legal. It is sometimes skating up to the edge of legality and a few people have been badly burned. There is also danger to the proponents in recommending future conduct which some consider a tad dodgy.

You are correct that there should be informed consent.

materialcontroller

I know you lawyer types like to work in grey areas Mr F. But the fact remains that Adjusting Status is a completely legal and acceptable method of immigrating.

It also seems to me that a lot of people consider it "a tad dodgy" purely because they've been through the Immigrant Visa route themselves and don't like the idea of somebody else with bigger cojones cutting corners/using a shortcut into the US.

Ray

If its a legal and acceptable method of immigrating
do the USCIS or the state dept show how to do that on their
"How do I" list I cannot find it

materialcontroller

Oh please. There are probably thousands of people who've immigrated to the US using an AOS - either from VWP or a B visa.

Ray

And there are 1000s of people who smuggle an extra few carton of cigs through customs every day ..but its still not legal ...

good article
http://www.ilw.com/articles/2005,1208-montag.shtm

materialcontroller

Nice try Ray, but the article proves nothing regarding the legality or otherwise of the AOS process. All it does is show that if the US authorities want to remove somebody who has overstayed their VWP they can do so.

Ray

But why would they if its all so legal and wholesome as you suggest
its pretty simple.. like the smuggling ..lots get away with it but quite a few dont

materialcontroller

It's nothing like smuggling at all. That is an illegal activity which has explicit laws prohibiting it.

Adjusting immigration status is allowed under US law. The fact that the US authorities, in a minority of cases, allow a different law regarding VWP conditions to take precedence does not mean that AOS is illegal or unacceptable.

chips

interesting arguments.

fwiw - personally feel a bit more comfortable going back to Canada and doing the K-1 or immigrant visa.

(Canadian citizenship could even come through while I'm up there waiting which would be ideal), pick up my cat, smooth things over with my job, plan a nice wedding rather than rush it, we even need to choose a city to live in.

I am kinda in a position to go ahead with the AOS from VWP and I'm tempted to take the leap, but I can do without the stress.
hate the idea of one guy sitting across from me in an office determining my future.
had enough of that kind of nonsense when I moved from the UK to Canada.
(e.g - 8 hours on the border waiting in little rooms with a lawyer on hand. not fun)

wondering if there's anyone on here who can share personal experiences of going through the AOS from VWP process?

Noorah101

There are tons. Just have a search on this forum, you'll find plenty.

Rene

Noorah101

As Moderator, I ask that we steer away from the pros and cons of VWP --> AOS now on this thread. The OP knows what it entails and can make an informed decision.

People will always disagree on this topic. It can be rehashed in another thread, specific to that topic, if anyone wants to.

Thank you,
Rene
Moderator

jeffreyhy

Not in all cases it's not. There are circumstances under which adjustment of status is not allowed.

Regards, JEff