Now, let’s say you’ve been issued your tourist visa (B-2) or have registered for ESTA. ” Immigrant intent is the intention to remain permanently in the U. That is, these officials are asking themselves whether you are secretly planning to become a permanent resident. Again, for a B-2 or ESTA that’s a temporary trip for pleasure to the U. If you’re answer to the CBP officer is inconsistent with your visa authorization then you’re not getting past the port of entry. There is one crucial question that the consular officer and the CBP official will be asking themselves: “does this person have immigrant intent?She can base her finding on nothing more than her interview with the foreign national, and her impressions from that interview. A waiver is essentially asking for a type of pardon. Secondly, when you’re denied entry and sitting in a detention facility at the airport, is your friend going to be there to help you out?If USCIS denies the adjustment application the foreign national has to depart the U. To win a waiver for fraud the person will have to show that it causes “extreme hardship” to her U. citizen spouse (or parent) if she is barred from the U. But almost no one should count on winning a waiver case – in other words, this definitely should not be viewed as simply a Plan B. I don’t mean to be negative here, but seriously – unless your friend has studied immigration law you are making a major gamble taking her advice.I wish I had a dime for every time I heard about USCIS giving terrible, life-destroying legal advice. If you truly care about being united with your spouse in the U.As you may have found out, USCIS has a national customer service 1-800 number, and sometimes you can get through to an agent who will offer her thoughts about immigration law in the U. The problem is that they have zero – – personal accountability to you for the advice they give. S., pursue the correct strategy that is the appropriate route to making that a reality.The law is the law, and like it or not, the government agencies don’t take responsibility for explaining it to you. Or maybe the facts were slightly different in a way neither of you understand. Maybe they don’t even quite understand what legal channel they went through. I’m passionate about reinventing the practice of law to make it work better for those we serve.
He will placed in a holding cell until the flight is available.They are governed by different regulations, and they – frankly – don’t care what you were told by a different agency. If you do as well, make sure you’re doing the immigration process right.Moreover, it doesn’t really matter for their purposes if some other federal employee gave you lousy advice. Don’t go after adjustment just because it seems like it will be easy.To win a waiver a person needs very strong facts, such as a spouse who is medically dependent on the foreign national. When I explain the problem of immigrant intent and adjustment of status there are several objections I hear often. Your friend told you that it was fine to enter the U. on a visitor’s visa or ESTA and then file for adjustment. For perspective, most won’t advise clients on immigration issues unless it is the only area in which they practice.
It is a highly specialized field, and so it really seems a bit silly to take the advice of someone who doesn’t study the topic.
There, you will be greeted by a friendly representative of the U. Nine times out of ten it is, “what is the purpose of your trip to the United States? And it had better be consistent with the authorized purpose allowed for your visa category.