Stuart Brook

steggy wrote:
    > StephenPouros wrote:
    > >
    > > Originally posted by Stuart Brook:
    > > > > > Can't you just enter the US under the visa waiver program or on a
    > > > > > tourist visa, marry, and apply to adjust status at that point?
    > > >
    > > > No, because 2 things ... you've a criminal record, therefore you're
    > > > ineligible for entry under the VWP, so you've made an illegal entry.
    > > > You're not permitted to enter on a tourist visa or the vwp with intent
    > > > to remain in the US, therefore you've committed visa fraud.
    > > >
    > > > During the AOS process, you are still screened for your criminal
    > > > activities.
    > > >
    > >
    > > Are you SURE about this, my Lawyer has the full details of convictions
    > > and has advised me that it will not be a problem...
    > >
    > > I have also contacted another Lawyer to get a 2nd opinion and they
    > > confimed that this would be the best course of action from me
    > >
    > > --
    > I have the feeling the lawyers have a good point here. I do
    > not believe that the Visa Waiver contains a question that
    > would bring you in trouble. If it would, tourism in America
    > would collaps)
    > Of course the denial you got in the UK will be in your
    > records, so they might claim you are willfully trying to
    > sneek in.
    > It is true that using the Waiver with the intent to stay is
    > not permitted. I personally know one example of a Dutch girl
    > who did that. It took her some talking but now she lives
    > permanently inthe US with a Greencard. After 3 years of non
    > traveling and waiting.
    > The difference is: she could just claim that she did not
    > enter the US to get married, it just happened during her
    > stay. In your case that seems a bit hard to claim, since you
    > already applied for a K1.
    > --
    > steg

This advice is some of the most risky I've heard to date. It adds
deceipt and lying to your list of criminal activities. It can later
strip you of your PR status, or later of Citizenship status if ever
discovered.

Steggy

Stuart Brook wrote:
    > steggy wrote:
    > >
    > > StephenPouros wrote:
    > > >
    > > > Originally posted by Stuart Brook:
    > > > > > > Can't you just enter the US under the visa waiver program or on a
    > > > > > > tourist visa, marry, and apply to adjust status at that point?
    > > > >
    > > > > No, because 2 things ... you've a criminal record, therefore you're
    > > > > ineligible for entry under the VWP, so you've made an illegal entry.
    > > > > You're not permitted to enter on a tourist visa or the vwp with intent
    > > > > to remain in the US, therefore you've committed visa fraud.
    > > > >
    > > > > During the AOS process, you are still screened for your criminal
    > > > > activities.
    > > > >
    > > >
    > > > Are you SURE about this, my Lawyer has the full details of convictions
    > > > and has advised me that it will not be a problem...
    > > >
    > > > I have also contacted another Lawyer to get a 2nd opinion and they
    > > > confimed that this would be the best course of action from me
    > > >
    > > > --
    > > I have the feeling the lawyers have a good point here. I do
    > > not believe that the Visa Waiver contains a question that
    > > would bring you in trouble. If it would, tourism in America
    > > would collaps)
    > >
    > > Of course the denial you got in the UK will be in your
    > > records, so they might claim you are willfully trying to
    > > sneek in.
    > >
    > > It is true that using the Waiver with the intent to stay is
    > > not permitted. I personally know one example of a Dutch girl
    > > who did that. It took her some talking but now she lives
    > > permanently inthe US with a Greencard. After 3 years of non
    > > traveling and waiting.
    > >
    > > The difference is: she could just claim that she did not
    > > enter the US to get married, it just happened during her
    > > stay. In your case that seems a bit hard to claim, since you
    > > already applied for a K1.
    > > --
    > > steg
    > This advice is some of the most risky I've heard to date. It adds
    > deceipt and lying to your list of criminal activities. It can later
    > strip you of your PR status, or later of Citizenship status if ever
    > discovered.

That is why I said: in your case it is hard to claim, since
you already applied for a K1 and was denied. I understand
his desperation and of course: right now he doesn't have a
chance at all to be a PR. The advice of his lawyers is
certainly risky, but doing nothing does not help him either.
--
steg