nica

As I was finishing up my CR-1 process in the spring, a friend of mine got married to a non USC (from Mexico, in Mexico). I told her what the legal procedure was, and warned her about him coming here on VWP (in their case, a tourist visa) and adjusting status.

She apparently took one look at how long I had to wait and decided their love was too true for them to be apart for even a single day after marriage, so after getting married, her husband quit his job, sold his house, and moved to the US with her on his pre-existing tourist visa. Starting in June, they filed their paperwork to adjust status. She told me gleefully that they both have to go to an interview in the next few weeks and they expect to get a green card sometime in the next 3-4 weeks.

Here's my question. I know what she's doing is technically illegal... but what I've read online, lots of people do it without ever getting caught. When I started my immigration process, advice I'd been given from this forum suggested that VWP to AOS was risky. Is that old information now? Does she genuinely have nothing to worry about?

sir_eccles

Am I the only one confused on what basis they are adjusting? Neither is a usc and neither is in the country other than as a tourist.

Bluegrass Lass

I assume your friend is a USC, and that's how the husband is adjusting status? You didn't mention that tidbit.

But I would say that it isn't any less risky these days. I think it was reported on here a couple of times that people were actually arrested at their Adjustment of Status interview. That very well could happen to them, or anyone else. Just because they have the interview, it doesn't mean the green card is in the bag. You never know if USCIS will require some additional evidence from him regarding his intent when he entered the country.

Noorah101

This is true.

No, that information is still valid.

No, they should still worry.

Rene

lansbury

The outcome of this would be very interesting to know. The way the OP is written it seems the intent when entering is so obvious, that the adjudicating officer will hardly need hitting around the head with a 2x4 to see it.

sir_eccles

That would make more sense, I think I just got confused by the mention of VWP and tourist visas.

jeffreyhy

There is a difference between the entering using the VWP and entering using a visitor visa, and that difference has significant implications in the context of adjusting status. Do not equate the VWP with a visitor visa. "technically" or otherwise, what she's doing is not illegal. What will be illegal, in the sense that the law does not allow it, will be for the USCIS case officer who conducts the interview to approve the adjustment of status application if the officer realizes what the applicant's intentions were when he entered the USA.
True enough, in most cases it seems that USCIS case officers often do not realize which applicants for adjustment entered the USA with the intention of immigrating and which did not. However, the consequences of "getting caught" can be much more harsh when one has entered using the VWP (as would have been your case) than when one has entered using a visitor visa (as in your friend's case). No. No, She and her husband do have something to worry about - the application may be denied. It will be interesting to know what happens. At which District or Sub office is the interview being conducted? Regards, JEff

cosmicjunkie

To be honest, I personally think that in a lot of these situations, the people involved know exactly what they are doing. Of course they have intent! They simply lie about it to immigration and from what I have seen, most of them get away with it too!! I have met 6 people here who came over on a VWP got married and went through the AOS with no problems at all. They saved themselves a shit load of agro and cash! 5 of them came over with intent! It seems to me that as long as you haven't been in trouble with the law the risk factor is almost nil! Sad but true......

sir_eccles

Well, I'm sure USCIS and ICE have some sort of fraud hotline you can call up...

Noorah101

They do, but they probably won't take such a random call very seriously. One call like that isn't going to make someone go out and investigate.

Rene

jeffreyhy

I agree. Somehow I doubt that what the friend's husband told CBP on entry (and will tell USCIS at the adjustment interview) is quite the same as what the friend told the OP. Regards, JEff

jeffreyhy

They do:
http://www.ice.gov/tipline/

But somehow their priorities don't seem to include entering as a nonimmigrant with immigrant intent. And I have to agree.

Regards, JEff

sir_eccles

The suggestion was mostly tongue in cheek. We read far worse in these forums.

Sally Redux

Why does the process take so long through regular channels? This would seem to push people into the 'express' route.

jeffreyhy

Because there are so many people using "regular channels". What you call "the 'express' route" is available to only a limited few pending immigrants.

Regards, JEff