AOS for F2A
#16
Re: AOS for F2A
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.
#17
Account Closed
Joined: Mar 2004
Posts: 2
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.
A lot of people who visit have family in the US.
#20
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,618
Re: AOS for F2A
#21
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,848
Re: AOS for F2A
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...
#22
BE Enthusiast
Joined: Mar 2017
Location: Austin, TX
Posts: 455
Re: AOS for F2A
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...
#23
Account Closed
Joined: Mar 2004
Posts: 2
Re: AOS for F2A
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...
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...
#24
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.)
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.)
#25
Forum Regular
Joined: Jan 2017
Posts: 246
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.)
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.)
#26
Re: AOS for F2A
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.