Pike Man

I'll look into that! Thank you for the comment, very much appreciated!

tht

I mean most people can’t travel anywhere right now, but I guess a 14 day stay in Mexico or somewhere else warm, with a US road trip? Is pretty cool. Which part of the US are you in?

Hopefully your sole trader business is something you were able to “pause”… not being able to work on it for 6 months could be a killer…

I decided to do similar when I was about 24, quit my job and moved to NZ for a few years, the WH Visa makes it easy to be able to go there and work for a couple of years, and then my NZ employer sponsored me for a visa and NZ PR (like a green card). Ended up moving to the US via a stint in Dublin/London a few years later. NZ was amazing but the cost of living is high, and if you want to travel international a lot the NZ$ does not go very far…

scrubbedexpat099

EAD seems to be taking more than 6 months and lots of expedites being requested, I would not assume an expedite will be given

Not sure why one of your Parents has not filed. Sounds like you want to stay and adjust.

Pike Man

I suppose I COULD file the i130 now to freeze my age, and then file the rest of the AOS packet later on (say, October). I was going to file everything together concurrently after 90 days. Is there any benefit to concurrent filing?

That's a really interesting point, Thank you!

scrubbedexpat099

Why do you want to wait 90 days?

Pike Man

I'm on the west coast, going from Cali to Vegas. Next stop is probably DC, and depending on who recommends what, I might go to Chicago and NYC.
NZD is a beautiful country, but the currency exchange rate is a bugger. They compensate by not having capital gains tax on property and stocks, though!

Pike Man

"DOS Handbook: INELIGIBILITY BASED ON ILLEGAL ENTRY, MISREPRESENTATION AND OTHER IMMIGRATION VIOLATIONS - INA 212(A)


(U) Inconsistent Conduct Within 90 Days of Admission to the United States:

"If an alien engages in conduct inconsistent with his or her nonimmigrant status within 90 days of visa application or admission to the United States, as described in subparagraph(2)(b) below, you may presume that the applicant made a willful misrepresentation (i.e., you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her true intentions in seeking a visa or admission to the United States). You must provide the applicant with the opportunity to rebut the presumption of misrepresentation by verbally presenting the applicant with your factual findings as to why you believe he is ineligible"

While I know that I came here for tourism purposes, I'd rather not be placed under scrutiny. If waiting 90 days to adjust status helps things go smoother, then it might be preferable.

S Folinsky

FWIW, I’m of the opinion that as a matter of insurance, it is not a bad idea for sib to file an FB4 petition.

Also, as a historical note, pre-CSPA, if the beneficiary of a FB-2A child petition aged out to an FB-2B petition, it did not result in a denial, but in keeping the adjustment pending until the F-2B came current. In contrast, it was the follow to join applicant who were effed by age-out.

S Folinsky

<sigh> Consult with an experienced immigration lawyer (and even then, I’ve seen many of my former colleagues get it wrong. But I digress).

Note you are quoting STATE Department guidance. Adjustments go to Department of Homeland Security.

A mother Board of Immigration Appeals case on visa fraud is the venerable Healy & Goodchild case. (Decided under pre-1990 numerology of the Immigration & Nationality Act).

Also, there is a difference between fraud and what us legal types call preconceived intent. Fraud is a bar but PCI is a discretionary factor. See the venerable class of Matter of Cavazos and Matter of Ibrahim.

I would recommend your legal discussion be in the privacy of an attorney’s office. Not in a public forum.

Good luck.

Pike Man

I thought that if I aged out to F2B category, I could no longer adjust status as there was no longer a visa immediately available to me (F2a is current, F2b is not) meaning I could no longer Adjust Status, and would be forced into consular processing. Interesting to know, though!

scrubbedexpat099

Depend if you could maintain status whilst waiting for a visa number to be current.

newacct

Why is that relevant? The OP's parents are in the US. (Not to mention that they do have proof of permanent residency.)

newacct

Prior to 1986, fraud at entry did not cause a ban (it only made one inadmissible at the time of that entry, but it didn't make you inadmissible for any period of time). This was amended in 1986 so that fraud at entry did cause a ban for the future. These precedents you cite are from pre-1986 cases, where they were denying AOS as a matter of discretion, rather that due to the fraud ban. None of these precedents say that preconceived intent of an Immediate Relative do not cause the fraud ban.

S Folinsky

This a further argument that pre-conceived intent is a different animal from visa fraud.

A good case with this dichotomy is Matter of Batista.

It should also be noted that much in the way of the published material deals with “presumptions.” A case oft cited by DHS to the present day, Matter of Brantigan, contains the unremarkable proposition that a presumption is not evidence. Although not expressly discussed this was at work in Battista. There was no evidence to show that he had lied to the consul in getting the visa. (BTW, even back then, the non-immigrant visa application form had a question regarding immigrant visa petitions).

Again to OP, a meeting with experienced and knowledgeable immigration counsel might be a good idea.