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Generally, one's status reverts back to its original legal current visa status, UNLESS, there is a finding or presumption of fraud that results not only in denial of the sought AOS by virtue of a marriage to a USC, but also to cancellation of the initial nonimmigrant visa, as such visas are always discretionary and may be revoked or denied at any time.
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A visitor visa indicaters no intent to migrate. Change from visitor to resident indicates your changed intent. Consult with an attorney.
This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.
it is best to consult with an immigration attorney. As my colleague pointed out there is an intent issue. On a visitor's visa you are only allowed to have the intent to return to your home country. Applying for residency does negate that intent.
I agree with my colleagues.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.
I agree with my colleagues.
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