md95065

It may have been the answer that you chose but it is not the "correct" answer from the perspective of US immigration law if you entered the US as a visitor with the intention of staying in the US and adjusting status while you were there.

It will probably work out OK for you - I hope that it does.

Lammy123

I was informed that this option was open to me by the US immigration centre when I called them to check on my application.

They said that as long as I entered the US legally, I was eligible. I explained that I was on a 90 visa waiver program as a tourist and he advised me that I was eligible as a tourist to adjust status. Provided that I entered legally, as a tourist, which I did.

I am sorry to say, this IS the best course of action for anyone in my position.

It would've been useful if some of the immigration "lawyers" on the thread had known this, as all they seemed to do was cast doubt on everything.

The point of these threads is to help people, which is why I have come back on to explain the BEST course of action.

Shame I didn't pick up on it sooner.

Noorah101

It is illegal to mistrepresent yourself at the POE as a tourist, when your real intent is to stay permanently. Most people luck out and have a smooth AOS, but there are pitfalls if you get denied. Contrary to your belief, it is not the best option. The best option is to obtain the visa for your intended purpose ahead of time, before entering the USA.

Rene

Jerseygirl

Who claimed to be an immigration lawyer? You came onto a free internet forum and asked for the opinions of lay people...which you got. If you want legal advice you should contact an immigration lawyer and be prepared to pay their fees.

Lammy123

OK - maybe I am wrong to say anything is the best course.

I take it back.

Let's not comment on it anymore.

Noorah101

For others reading this thread, I just wanted to clarify that after filing an I-485 for an adjustment of status, one does not receive a visa. One receives permanent resident PR) status. Proof of PRstatus comes in the form of a permanent resident card, commonly known as a "green card".

Rene

ian-mstm

The best course for you... read more, post less!

Ian

Bob

4 month old thread...but whatever....nice to get an update :/

Bob

You need to add the caveat to why doing something illegal can bite some one on the butt.

Having intent to enter while on the VWP is illegal.

Using the VWP to enter the US meant you signed away your right to appeal any decision that goes against you.

If on the off chance you need to travel outside of the US and use the AP, you get paroled back into the US, there is a subtle difference to being admitted.

AOS'ing while on the VWP has been more scrutinised in some locations that others.

The person on the phone you spoke to isn't a US immigration lawyer, they are a contracted third party call centre person and even if they did work for USCIS, they are not liable for providing you false or illegal information.

So sure, some people get away with, probably a lot. It's those who don't that suffer, where this gets very messy and lawyers really earn their money. So I guess it's all about your own risk tolerance to decide having all the facts at hand, or go half cocked and do whatever.

SanDiegogirl

So, you are waiting to hear if your Adjustment of Status has been accepted/agreed by the US authorities? Yes or No?

Lammy123

no - I didn't go that route, because I only found out about it a few months after we filed the petition. I needed to work, so I am currently in the UK waiting to finalize the application.

I agree that I-485 AOS might a tricky option here and could be dangerous, but it is an option that is certainly worth considering in desperate cases none the less.

ian-mstm

Quote:

Originally Posted by Lammy123

I only found out about it a few months after we filed the petition.

Just as well, really - because people who willfully ignore US immigration rules for personal gain, just make it harder for those who follow the rules.

Quote:

... it is an option that is certainly worth considering in desperate cases none the less.

Previously, you called it "an emergency like this", and now it's "desperate". You realize, I hope, that your emergency/desperate situation was one over which you had complete control.

Ian

Lammy123

Ian - do me a favor and stop replying to my threads please?

Thanks

Noorah101

The OP has moved on with the immigrant visa process, this thread is closed.

Rene
Moderator