VWP changing status
Mar 18th 2016, 2:59 pm
#31
Concierge
Joined: Apr 2001
Posts: 46,392
Re: VWP changing status
I don't understand why you are being cantankerous but if my intuitive power is working correctly you have viewed posts from this week and have decided to egg on regular posters with this arbitrary question.
Is it illegal to enter under the VWP, marry a USC and stay to adjust status? It depends. If there was pre-conceived intent to enter, marry and remain to adjust status, then, yes, it can result in denial of adjustment of status by the interviewing officer at the USCIS. Was the action purely spontaneous? If yes, then we have seen that the adjudicating officer has allowed a favorable adjustment of status. For anyone who has either entered with intent or anyone who just spontaneously married and wants to remain, then the best advice is to seek the guidance of an immigration attorney.
I realize that this explanation does not give you the yes or no answer you were seeking. However, that is about it in a nutshell.
On to whether one should file for AOS before the expiration of the date placed in their passport at the POE, if one files before the expiration date, then one remains in a legal status while the AOS is pending and until it is adjudicated. If one files after the expiration date, then the person is out of status and remains out of status until the AOS is adjudicated.
Of course, there are ramifications on filing after the expiration date and one of those is that the filer should not leave the US, even with an approved travel document. Also if the AOS is denied, then the foreign spouse can be removed and suffer a ban from entering the US. The length of the ban depends on the length of time they have been in overstay.
The world of US Immigration is a myriad of laws and regulations and often times one will contradict the other.
For anyone who is contemplating this avenue of emigrating, seeking the advice of an immigration is money well spent.
Is it illegal to enter under the VWP, marry a USC and stay to adjust status? It depends. If there was pre-conceived intent to enter, marry and remain to adjust status, then, yes, it can result in denial of adjustment of status by the interviewing officer at the USCIS. Was the action purely spontaneous? If yes, then we have seen that the adjudicating officer has allowed a favorable adjustment of status. For anyone who has either entered with intent or anyone who just spontaneously married and wants to remain, then the best advice is to seek the guidance of an immigration attorney.
I realize that this explanation does not give you the yes or no answer you were seeking. However, that is about it in a nutshell.
On to whether one should file for AOS before the expiration of the date placed in their passport at the POE, if one files before the expiration date, then one remains in a legal status while the AOS is pending and until it is adjudicated. If one files after the expiration date, then the person is out of status and remains out of status until the AOS is adjudicated.
Of course, there are ramifications on filing after the expiration date and one of those is that the filer should not leave the US, even with an approved travel document. Also if the AOS is denied, then the foreign spouse can be removed and suffer a ban from entering the US. The length of the ban depends on the length of time they have been in overstay.
The world of US Immigration is a myriad of laws and regulations and often times one will contradict the other.
For anyone who is contemplating this avenue of emigrating, seeking the advice of an immigration is money well spent.
Last edited by Rete; Mar 18th 2016 at 3:01 pm.
Mar 18th 2016, 3:18 pm
#32
Account Closed
Joined: Mar 2004
Posts: 2
Re: VWP changing status
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You can buy snow blowers in the UK, depends where you live as to how much you need one.
You can buy snow blowers in the UK, depends where you live as to how much you need one.
Mar 19th 2016, 11:30 pm
#33
Forum Regular
Joined: Dec 2013
Posts: 250
Re: VWP changing status
This is incorrect, as soon as a person files their AOS package (and receives their NOA 1) they are considered "in status" even if they had overstayed.
Mar 20th 2016, 5:08 am
#34
Account Closed
Joined: Mar 2004
Posts: 2
Re: VWP changing status
Our semi tame forum Lawyer used the phrase under the colour of law.
