AOS for F2A
 

Hi all,

I entered America 3 months ago to visit my sister on B1/B2 visa. My sister sponsored my parents to immigrate to USA, and my parents immigrated here 1 month ago (i was already here). Can I apply for Adjustment of Status in F2A category? I turn 21 in October, my parents are waiting for their Green Cards to arrive, but have a document that acts as a Green card until their Green cards arrive. I lived with and worked for my parents in their daycare business back in the UK. Cheers all

-Hotel

Re: AOS for F2A
 

Yes, you can apply.....

Why/how did you have a B1/2 visa?

Re: AOS for F2A
 

I recommend you contact an experienced immigration attorney ASAP. Do not be put off if there is a charge for the consultation. There are issues best discussed in private with an attorney and NOT on a public forum.

Time and discretion are very much of the essence.

Re: AOS for F2A
 

Got the b2 a few years ago to visit my sister. Pre-covid. Was planning a long holiday

Re: AOS for F2A
 

mmmmmmm.....an under 21 getting a B/2 'cause he wanted to visit his sister for a long holiday....:popcorn:

Re: AOS for F2A
 

Having had the visa from before appears favorable. From what OP tells us, an application is possible and might even work. But I see a minefield and a good mine detector and some good legal handholding is called for.

Re: AOS for F2A
 

Indeed. Even if the OP may have a path, one questions the veracity of the story. USCIS might too.

In this case I agree. One of those mines could easily blow up in your face.

Re: AOS for F2A
 

F2a PD is current

Re: AOS for F2A
 

That it is. OP looks as to be what us legal types call “prima facie eligible” to apply for apply for adjustment of status. At least for now. Ah, but that mine field.

Re: AOS for F2A
 

Adjusting status from a B is not exactly uncommon.

Re: AOS for F2A
 

Maybe he is a nationality that’s not VWP-eligible?

Re: AOS for F2A
 

I presumed he was a Brit as he said he lived and worked in his parent's daycare business in the UK.

.and in his response he did not say he was not a Brit or ineligible for the VWP

Re: AOS for F2A
 

I'm a brit
I had a vwp before, let it expire. Then I got a b2 for long holiday

Re: AOS for F2A
 

One wonders if you informed the officer that you had parents that were soon to arrive in the US as PRs.

Re: AOS for F2A
 

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.

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.

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.

Re: AOS for F2A
 

I'm still intrigued to know how a Brit teenager gets a B1/B2 visa to visit the US?

Re: AOS for F2A
 

Most would think it a long shot when applying through London but does happen

Re: AOS for F2A
 

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.

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...

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...

Re: AOS for F2A
 

That is in the past, he was inspected and admitted.

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.)

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.

Re: AOS for F2A
 

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.