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A short answer for those inquiring about AOS as a tourist

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A short answer for those inquiring about AOS as a tourist

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Old Feb 5th 2003, 8:31 am
  #31  
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Default Re: A short answer for those inquiring about AOS as a tourist

Originally posted by Rete
Yaaaa but it does Lisa. It is called taking a breather. One is needed every once in a while to reinforce the inner self. Heck Paul does it, too. Why else the long bout between appearances?

;-)

Rita
lol true ....true.
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Old Feb 5th 2003, 9:01 am
  #32  
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Default Re: A short answer for those inquiring about AOS as a tourist

"paulgani" wrote in
news:[email protected]:

    > You are completely missing the point.

I'm not actually - rather I think you chose a bad example to try and
highlight a supposed ethical dilemma - but I'm not going to get into an
argument about it. Suffice it to say I fail to see how it can be unethical
for a lawyer to say to a client "As someone on an expired K1 visa you are
allowed to adjust status" when the client is clearly entitled to do so.
This is simply not comparable to "tainting" someone by advising on the
legality of entering a country on a (real) non-immigrant visa, which is
what this thread was all about.

Your other point on EAD documents is far better made, and whilst personally
I'd have to side with the advice you decry, I simply can't fault what you
said here. Unfortunately, because I'd love a job...

--

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Old Feb 5th 2003, 9:02 am
  #33  
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Default Re: A short answer for those inquiring about AOS as a tourist

A couple of questions and a few thoughts

Are "laymen" bound by the same rules as attorneys in regarding to
dispensing advice? What about attorneys dispensing advice to people
who are not their clients? What about the people taking and/or acting
on the advice, do they have no responsibility or is this whole
discussion about liability?

Concerning "intent" at the POE...at the end of the
day it is all about what can be proved. An illegal act can always be
committed, but it can not always be proven to have occurred. Some
people are always going to take risks and others will "play by the
rules", that's just the way things are. Although I don't particularly
agree with people offering "advice" that may be less than adequate
(i.e., there's not problems with coming in on a VW and adjusting),
it's like any other information you come across here, investigate it
on your own before you risk your future on the advice of a stranger.

Also, leave the enforcing of the law
to those that actually do it. It's not my job, your job or even the
attys (who post on this NG) job to enforce the law. If there is a
loophole, let the gov't close it. If you're pissed about it, talk to
someone who can do something about it. Like another poster said...you
are not going to stop the people that are going to risk it.

I think what lies underneath all these threads concerning VW and AOS
is that some people have balls and others don't. Some people are
pissed because they have to wait, or are doing it the hard way, while
others breeze in and make it look easy. Don't be bitter because
someone takes a risk that you are not willing (or able) to take. Be
concerned about and responsibile for yourself. I'm waiting and I'm
doing it the "hard way", but I don't begrudge the people that gamble
their future. I only hope that they are not devestated when their
plans turn out badly.
 
Old Feb 5th 2003, 10:11 am
  #34  
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Default Re: A short answer for those inquiring about AOS as a tourist

Originally posted by meauxna
I think have more to say about the first part of the post, but I find this example telling. By sticking to your guns on this one, in this way, in what way was 'the immigration community' that you serve, served? At least, this specific member of the immigration community?

I just think that the longer you focus on telling someone how wrong they are (and I'm running awfully close to that line myself, apologies), the quicker you'll run them off. And while that might be a worthy goal in your office (seriously, not all clients are clients we want), I don't think it tracks with the purpose of this NG. So perhaps our boilerplate answer should include the I-129/K3/DCF text too.
Hi Meauxana,
I’m not sure what he did with the information he received. Perhaps his fiancée avoided being banned for a certain amount of time at the POE? Sure, I could have instead simply been his “yes� man and tried to land him as a client, however I would not do that and I wouldn’t be doing him any favors by encouraging his fiancée to violate the law and take a risk with their future together in the U.S. (and as you correctly pointed out, I don’t really need that sort of client… one who wants me to help him or her violate the law or instruct them how to violate the law). At a minimum, he was given correct information that he did not have before that time. I wasn't telling him how wrong he was, but rather informing him of the law and the actual consequences that can hit at the POE, and that I could not recommend his fiancée commit an illegal act and expose herself to those risks.

I thought one of the purposes of the group is/was to get accurate information out there. Would other activities that will have the result of getting people to commit an illegal act at the POE and expose themselves to risk be another purpose of the group? (Not saying what approach is best, just an honest question). Again, that is the dilemma in that it’s difficult if not impossible to describe all of this to someone outside the U.S. without it turning into a tutorial on how to commit an illegal act at the POE (which then exposes that person to risk).

Would it actually be used as a tool to teach or encourage others how to commit an illegal act at the POE? I honestly don’t know, but perhaps we can take a look at the history of the group for a clue. How many postings do you see from the regulars (before this discussion) where they say (in an answer to the appropriate questioner) entering with a nonimmigrant option but with immigrant intent is an illegal act committed at the POE, which exposes one to potentially devastating consequences at the POE? And how many other postings do you find from regulars who don’t give that warning and instead used to say to go read Doc Steen’s tourist adjustment page (which apparently has recently been modified)?
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Old Feb 5th 2003, 11:15 am
  #35  
 
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Default Re: A short answer for those inquiring about AOS as a tourist

Sorry, Matt. I just don't know what more I have to say on the subject. I was never one of 'the ones' putting out illegal or immoral 'advice', so I don't really have a position to defend specifically re: TV/VW/AOS.

However, it seems clear to me that there is still no solution to this debate, which probably prompts the Grinch's statement that nothing ever changes around here.

I sincerely hope you'll recognize that you *have* had an influence here, that mid-to-long-time posters (and I'll include myself here) *are* cautious about what to tell such posters, perhaps even directly as a result of your actions. And after recognizing this, you'll be satisfied to let the past stay where it belongs, knowing you've got the moral high ground (because I can't find a way around it anyway. I speed!), and we'll get on with assisting the people we can.

Now, I have another mess to go clean up. See you later
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Old Feb 5th 2003, 11:30 am
  #36  
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Default Re: A short answer for those inquiring about AOS as a tourist

Originally posted by meauxna
Sorry, Matt. I just don't know what more I have to say on the subject. I was never one of 'the ones' putting out illegal or immoral 'advice', so I don't really have a position to defend specifically re: TV/VW/AOS.

I sincerely hope you'll recognize that you *have* had an influence here, that mid-to-long-time posters (and I'll include myself here) *are* cautious about what to tell such posters, perhaps even directly as a result of your actions. And after recognizing this, you'll be satisfied to let the past stay where it belongs, knowing you've got the moral high ground (because I can't find a way around it anyway. I speed!), and we'll get on with assisting the people we can.

Now, I have another mess to go clean up. See you later
Hi Meauxna,
Yes, I happened to have an opinion that might have been contrary to other people's opinion about this, but I was far from the only person who shared (agreed with) that particular opinion. And I did not share my opinion based on morality or some sort of moral high ground. No, in fact I even stated quite plainly that I wasn't giving my opinion because it "wasn't fair" to others who had to get a fiancée visa. Rather it was the simple fact that there was much misunderstanding about the fact that an illegal act is committed at the POE for trying to enter with immigrant intent but with an nonimmigrant option, and most importantly that this could end up "hurting people" who might have been advised to take this action but who were not given the proper warnings.

Again, this is a separate issue than someone telling someone to "lie" at the POE, and in fact, I don't believe I ever accused the regular of saying she was telling people to lie, and only discovered her posting on that subject when searching under "if you make a clean entry" once she brought up that subject and said she's never done such a thing.

Just trying to clear up the confusion as to the illegal act part that has nothing to do with “fraud or lies� at the POE. That’s all. Morality had nothing to do with it.
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Old Feb 7th 2003, 1:20 am
  #37  
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Default advice please?

although I'm a first-time poster I'm hoping you guys can help me. I've read this thread and you people seem "quite" qualified to advise me on my issue. Here it is: I have a B1 tourist visa which expires in 9 years. I can only stay in the USA 6 months at a time and, as you know, I can't work on a B1. I've always wanted to live in the US and have travelled there several times to find an area I like. I have the means to support myself for approx year/2 years without working and am well-qualified but not THAT qualified where I out-qualify an american citizen! IF I had a work visa, I'd easily find a job.

The issues are 1) can I go to mexico or canada and get re-stamped for the next 6 months or do I have to return to the UK?
2) IF I met someone out in the US, fell in love blah blah and we got engaged, can I apply for AOS without having to return to the UK?

Your advice would be greatly appreciated.
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Old Feb 7th 2003, 2:08 am
  #38  
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Default Re: advice please?

Originally posted by Carry_on_Girl
although I'm a first-time poster I'm hoping you guys can help me. I've read this thread and you people seem "quite" qualified to advise me on my issue. Here it is: I have a B1 tourist visa which expires in 9 years. I can only stay in the USA 6 months at a time and, as you know, I can't work on a B1. I've always wanted to live in the US and have travelled there several times to find an area I like. I have the means to support myself for approx year/2 years without working and am well-qualified but not THAT qualified where I out-qualify an american citizen! IF I had a work visa, I'd easily find a job.

The issues are 1) can I go to mexico or canada and get re-stamped for the next 6 months or do I have to return to the UK?
2) IF I met someone out in the US, fell in love blah blah and we got engaged, can I apply for AOS without having to return to the UK?

Your advice would be greatly appreciated.
Both interesting questions... Anyone?
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Old Feb 7th 2003, 2:14 am
  #39  
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Default I'm

getting ummm frowned upon for considering the Fiance thing....what I'm really asking are what my options, visa-wise, are. I'm a UK citizen, degree-educated, financially stable who wants to move to the US - I just need advice please.

Thanks
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Old Feb 7th 2003, 2:45 am
  #40  
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Default Re: A short answer for those inquiring about AOS as a tourist

Originally posted by S
A couple of questions and a few thoughts

Are "laymen" bound by the same rules as attorneys in regarding to
dispensing advice? What about attorneys dispensing advice to people
who are not their clients? What about the people taking and/or acting
on the advice, do they have no responsibility or is this whole
discussion about liability?

Concerning "intent" at the POE...at the end of the
day it is all about what can be proved. An illegal act can always be
committed, but it can not always be proven to have occurred. Some
people are always going to take risks and others will "play by the
rules", that's just the way things are. Although I don't particularly
agree with people offering "advice" that may be less than adequate
(i.e., there's not problems with coming in on a VW and adjusting),
it's like any other information you come across here, investigate it
on your own before you risk your future on the advice of a stranger.

Also, leave the enforcing of the law
to those that actually do it. It's not my job, your job or even the
attys (who post on this NG) job to enforce the law. If there is a
loophole, let the gov't close it. If you're pissed about it, talk to
someone who can do something about it. Like another poster said...you
are not going to stop the people that are going to risk it.

I think what lies underneath all these threads concerning VW and AOS
is that some people have balls and others don't. Some people are
pissed because they have to wait, or are doing it the hard way, while
others breeze in and make it look easy. Don't be bitter because
someone takes a risk that you are not willing (or able) to take. Be
concerned about and responsibile for yourself. I'm waiting and I'm
doing it the "hard way", but I don't begrudge the people that gamble
their future. I only hope that they are not devestated when their
plans turn out badly.
I just read you post. I agree with you 200% ... especially the part about... if there is a loophole let the govt. close it...

<< (i.e., there's not problems with coming in on a VW and adjusting),
it's like any other information you come across here, investigate it
on your own before you risk your future on the advice of a stranger>>

Agree 500%... If it's at all possible to agree more than 100% and as for the rest of the post ... it reflects my point of view exactly...

<< Also, leave the enforcing of the law
to those that actually do it. It's not my job, your job or even the
attys (who post on this NG) job to enforce the law>>

Touche!!

Let's drink to that ... where's that smiley when I want it. I guess I'll have to do with this, considering I don't drink anyway
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Old Feb 7th 2003, 3:15 am
  #41  
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Default Re: A short answer for those inquiring about AOS as a tourist

Check further on this, because I suffer from CRS syndrome. :-) I
read/heard somewhere of a UKC in Miami that would periodically go to the
Bahamas to accomplish what you propose.


"Carry_on_Girl" wrote in message
news:[email protected]...
    > getting ummm frowned upon for considering the Fiance thing....what I'm
    > really asking are what my options, visa-wise, are. I'm a UK citizen,
    > degree-educated, financially stable who wants to move to the US - I just
    > need advice please.
    > Thanks
    > --
    > Posted via http://britishexpats.com
 
Old Feb 7th 2003, 4:11 am
  #42  
 
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Default Re: advice please?

Originally posted by Carry_on_Girl
although I'm a first-time poster I'm hoping you guys can help me. I've read this thread and you people seem "quite" qualified to advise me on my issue. Here it is: I have a B1 tourist visa which expires in 9 years. I can only stay in the USA 6 months at a time and, as you know, I can't work on a B1. I've always wanted to live in the US and have travelled there several times to find an area I like. I have the means to support myself for approx year/2 years without working and am well-qualified but not THAT qualified where I out-qualify an american citizen! IF I had a work visa, I'd easily find a job.

The issues are 1) can I go to mexico or canada and get re-stamped for the next 6 months or do I have to return to the UK?
2) IF I met someone out in the US, fell in love blah blah and we got engaged, can I apply for AOS without having to return to the UK?

Your advice would be greatly appreciated.
As consistantly reported on alt.visa.us (I think) by Ingo, the Mexico/Canada restamping route has been closed for awhile. Same may go for certain 'contiguous' Caribbean islands (incl. Bahamas). Depending on where in the US you are, a flight back to UK may be cheaper than Mexico anyway. There are additional risks associated with multiple full-stay VW/B1 entries.

If you meet someone within six months, fall in love, decide to marry and do so....good luck to you! Hey, it happened to me, so who am I to say? But, if you did, then yes, you could.
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Old Feb 7th 2003, 8:53 am
  #43  
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Default Re: A short answer for those inquiring about AOS as a tourist

Carry_on_Girl wrote:
    >
    > getting ummm frowned upon for considering the Fiance thing....what I'm
    > really asking are what my options, visa-wise, are. I'm a UK citizen,
    > degree-educated, financially stable who wants to move to the US - I just
    > need advice please.

You currently don't qualify for immigration. There are plenty of people
around the world that want to come to the US that are just as, if not
more, qualified than you are. There is nothing special about you that
would qualify you over them.

That's it. You MIGHT be able to get an H1B or a TN-1 visa to work in the
US. TN-1 was created for NAFTA, I believe. You might qualify for a
student visa. H1B is dual purpose (i.e. can lead to a green card), but
you indicated you didn't think you could get in on it.

INS will be leery of you plan to stay 6 months, leave a short time,
return and stay 6 more months.
This would indicate to INS that you are "living" in the US, not
visiting.
While you are permitted to visit up to 6 months, that doesn't mean you
can continously make trips for 6 months.

If you meet someone during your visit, get married, and file AOS, you
can stay pending the outcome of that filing, if you meet the
medical/criminal requirements and no fraud was committed in entry.
 
Old Feb 7th 2003, 4:10 pm
  #44  
L D Jones
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Default Re: A short answer for those inquiring about AOS as a tourist

mrtravel wrote:
    >
    > Carry_on_Girl wrote:
    > >
    > > getting ummm frowned upon for considering the Fiance thing....what I'm
    > > really asking are what my options, visa-wise, are. I'm a UK citizen,
    > > degree-educated, financially stable who wants to move to the US - I just
    > > need advice please.
    >
    > You currently don't qualify for immigration. There are plenty of people
    > around the world that want to come to the US that are just as, if not
    > more, qualified than you are. There is nothing special about you that
    > would qualify you over them.
    >
    > That's it. You MIGHT be able to get an H1B or a TN-1 visa to work in the
    > US. TN-1 was created for NAFTA, I believe. You might qualify for a
    > student visa. H1B is dual purpose (i.e. can lead to a green card), but
    > you indicated you didn't think you could get in on it.

Does a British citizen qualify for a TN-1? Is the UK part of NAFTA?
 
Old Feb 8th 2003, 9:20 am
  #45  
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Default Re: A short answer for those inquiring about AOS as a tourist

I find it sad that the INS can bend the rules any way it wants, fighting legitimate marriages, and with laws for which the intent was a clear adjudication of a simple application, they have delays that can last years, keeping families apart and causing untold heartache, yet if the public wants to take advantage of a loophole in the law to try and circumvent problems the INS themselves create, they are criminals.

Was it the intent of the laws that we would consider citizens and their foreign spouses to be guilty until they can prove innocence?

Was it the intent of the law to keep families apart for months or years?

Could anyone foresee all of this mess when they probably assumed it would be just a few days or weeks for many of these forms to be processed that because of the delays many applications would be basically impossible since the person would be dead before their application could be approved?

Is it the intent of a person to "defraud" the INS to go through all of the other obtuse and outdated rules and just take advantage of being able to come in as a tourist to be with their family and then wait for the legal paperwork to be processed? I think it's a sham and the INS themselves should be recommending this to help people and alleviate the long waits until they can get through the paperwork.

The laws need to be changed. I met my spouse when she was already here, but I feel for these people and have no problem with them trying to do what any of us would want to do in the same circumstance.

-fr
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