AOS for F2A

Old Apr 14th 2021, 12:27 pm
  #16  
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Default Re: AOS for F2A

Originally Posted by Boiler
Highly unlikely he would have been asked and as Mr F has said if you are asked do you know what the time is the answer is yes or no.
Likely to have been asked if he has family in the US though. Anyway, this is really all speculation. OP appears to have a path to adjust, but probably should seeking a consultation to avoid those landmines.
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Old Apr 14th 2021, 12:30 pm
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Default Re: AOS for F2A

I am intrigued to know what the land mines are, seems a straightforward case.

A lot of people who visit have family in the US.
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Old Apr 14th 2021, 5:22 pm
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Default Re: AOS for F2A

Originally Posted by Boiler
I am intrigued to know what the land mines are, seems a straightforward case.

A lot of people who visit have family in the US.
I'm still intrigued to know how a Brit teenager gets a B1/B2 visa to visit the US?
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Old Apr 14th 2021, 5:51 pm
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Default Re: AOS for F2A

Originally Posted by SanDiegogirl
I'm still intrigued to know how a Brit teenager gets a B1/B2 visa to visit the US?
Most would think it a long shot when applying through London but does happen
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Old Apr 14th 2021, 5:55 pm
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Default Re: AOS for F2A

Originally Posted by Boiler
Most would think it a long shot when applying through London but does happen

It must be a very long shot...... there are many posters on this forum who have said they have been refused a B1/2 visas even when their (minor) criminal events have been lapsed for many years.
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Old Apr 14th 2021, 7:00 pm
  #21  
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Default Re: AOS for F2A

Originally Posted by SanDiegogirl
It must be a very long shot...... there are many posters on this forum who have said they have been refused a B1/2 visas even when their (minor) criminal events have been lapsed for many years.
maybe the same logic for retired people can apply to ones who are not working age yet... like coming over for the school (summer) holidays... but a lot of speculation here... and not even details on how they were able to travel / enter the US during a global pandemic etc...
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Old Apr 14th 2021, 8:35 pm
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Default Re: AOS for F2A

Originally Posted by Boiler
I am intrigued to know what the land mines are, seems a straightforward case.

A lot of people who visit have family in the US.
I suppose it's certainly possible that they never knew that their parents would be emigrating to the United States a mere month or so after they arrived as a tourist.

Perhaps it's mere happenstance that after arriving without immigrant intent, they themselves now feel so overcome with joy at the unexpected arrival of their parents that they wish to file for Adjustment of Status and remain.

Stranger things have happened...
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Old Apr 15th 2021, 5:22 am
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Default Re: AOS for F2A

Originally Posted by TexanScot
I suppose it's certainly possible that they never knew that their parents would be emigrating to the United States a mere month or so after they arrived as a tourist.

Perhaps it's mere happenstance that after arriving without immigrant intent, they themselves now feel so overcome with joy at the unexpected arrival of their parents that they wish to file for Adjustment of Status and remain.

Stranger things have happened...
That is in the past, he was inspected and admitted.
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Old Apr 15th 2021, 11:16 am
  #24  
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Default Re: AOS for F2A

We can engage in speculation as to what OP’s underlying facts are. The law and practice is not simple. What and how the facts are presented may have outsized effect.

This article on immigration fraud and/or “pre-conceived intent” might be of interest. It is all too easy to miss the fuzzy line between fraud/misrepresentation and pre-conceived intent. An interesting case on fraud is the venerable Healy and Goodchild decision. (Note - under the law at that time, an (a)(20) exclusion resulted in a 1-year bar to admission while an (a)(19) was a lifetime bar. In other words, one was a figurative traffic citation, the other a death sentence.)
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Old Apr 15th 2021, 3:36 pm
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Default Re: AOS for F2A

Originally Posted by S Folinsky
We can engage in speculation as to what OP’s underlying facts are. The law and practice is not simple. What and how the facts are presented may have outsized effect.

This article on immigration fraud and/or “pre-conceived intent” might be of interest. It is all too easy to miss the fuzzy line between fraud/misrepresentation and pre-conceived intent. An interesting case on fraud is the venerable Healy and Goodchild decision. (Note - under the law at that time, an (a)(20) exclusion resulted in a 1-year bar to admission while an (a)(19) was a lifetime bar. In other words, one was a figurative traffic citation, the other a death sentence.)
Precedents before 1986 are not very useful, because under the law at that time, fraud or misrepresentation at entry only caused one to be inadmissible for that time only, but did not cause a ban for future entries or AOS; only fraud or misrepresentation in obtaining a visa caused a lifetime ban. However, currently, fraud or misrepresentation at entry does cause a lifetime ban.
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Old Apr 15th 2021, 4:53 pm
  #26  
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Default Re: AOS for F2A

Originally Posted by newacct
Precedents before 1986 are not very useful, because under the law at that time, fraud or misrepresentation at entry only caused one to be inadmissible for that time only, but did not cause a ban for future entries or AOS; only fraud or misrepresentation in obtaining a visa caused a lifetime ban. However, currently, fraud or misrepresentation at entry does cause a lifetime ban.
The last part of Healy & Goodchild involved a purported misrepresentation in the VISA application, not at the port of entry. You are correct that IRCA expanded the application of the ground of inadmissability to POE misrepresentation later to be expanded to misrepresentation for “any benefit” under the Immigration & Nationality Act. In my opinion, this expands the applicability of Healy rather than making it of little use.
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