I applied through my US based attorney last year , I have always returned back on time , I have a uscis receipt dated sept 2014 , I am an Indian National and have travelled twice in the past to the United states.
If you have an attorney he or she can explain non immigrant versus immigrant intent. Note, it is very important to get good advice before traveling, as you may be opening yourself up to a ground of inadmissibility if you enter the United States on the wrong type of visa. Many people do not understand the distinction between immigrant and non-immigrant intent. Discuss in a consultation with excellent immigration counsel. If you currently have an immigration attorney seek help from them as soon as possible. You should not enter the US on the wrong type of visa.
No attorney-client relationship is created or implied by this communication.
Tricky. Using a visitor's visa and entering the USA as a "visitor', with the intent to turn around and apply for "adjustment of status" to permanent residence constitutes "visa fraud" and having had "preconceived intent". Talk to that "lawyer" and see what he/she thinks about that.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Using a tourist visa to enter the US with the intention of 'staying' so that you can get a greencard is against the law ... this is because you need non-immigrant intent to enter as a tourist.
Consider a Skype consultation with an attorney, if you don't like/trust your current one.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
AOS is pending? Did you apply for advance parole?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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