In every immigration consultation, the process of obtaining the immigration benefit – be it a green card or a temporary visa – involves carefully analyzing a person’s current situation, where they are located, and when they wish to obtain the benefit. But the decision depends on a number of factors, one of which is the conflict between immigrant intent and nonimmigrant intent. Immigrant intent is the intent to remain on U.S. soil long term. Meanwhile nonimmigrant intent is a term of art which allows most temporary visa holders to NOT intend to become permanent residents of the United States, at the very least, not during the visit while they are using their temporary visa.

There are further prohibitions that force a client to choose the right visa from the outset, too. For example, a person who is a B Visa Tourist cannot tell the consulate that they are coming for a Tourist visa and then change their status on US soil to that of an F-1 Student. Otherwise there will be a presumption of fraud in the consular applicant. The decision has to be made clearly before approaching the consular officer. An assessment as to the ultimate visa type must be made in advance in order to avoid a misrepresentation to the consular officer which can have long term ramifications on future immigration cases.

The mistake of asking for a B Tourist Visa when one knows they want to become a Student in the U.S. is only one of several consular mistakes a person can make. There is also the mistake of knowing that one intends to get married on U.S. soil and applying for a Tourist Entry and then marrying and asking for adjust status to green card on U.S. soil. This may result in a disastrous consequence where the married person is not allowed to adjust status on U.S. soil and then being sent back to the home country in order to complete green card processing overseas.

Other scenarios that involve careful planning include people applying for a J visa unaware that they are subjecting themselves to a two-year home country requirement at the end of their U.S. J Visa stay.  They cannot even get married to a U.S. citizen without fulfilling their time overseas in accordance with the J Visa regulations. Granted, in such a situation, a person may apply for a “No Objection Waiver” but current problems at the U.S. Department of State which has experienced a changing of the guard are resulting in refusals to grant the discretionary recommendation for a Waiver.

One last scenario affects some of the most privileged visa holders which are A Diplomats and G Visa workers for Nongovernmental Organizations like the World Bank.  These people find themselves at odds with the ability to travel freely when they have declared an intent to adjust status on U.S. soil when their green card finishes its pendency. A G Visa World bank Employee may want to file for U.S. lawful permanent residence, but given the strict rules about not intending to become an immigrant, their travel into the United States with a forthcoming green card can be hindered.

Decisions should be made carefully from the outset of an immigration case in order to avoid major periods of separation from loved ones or from the jobs that are expecting you to “seamlessly” keep working in the United States.

Not all outcomes are negative, though. In a consultation with our law firm, you might find that you are eligible to file for an Adjustment of Status to green card after having changed your intent since the time you entered the United States, say when you determine that you have met someone on U.S. soil and wish to get married.  Other pleasant surprises for clients are when they find out that they do not need to keep coming and going from the United States in order to keep visiting a loved one who might be sick or needing care on U.S. soil. In these cases, our firm can help you file an Extension of Status on U.S. soil at least allowing you to stay while your case is being decided by the Immigration Service.

Feel free to contact our law offices for a consultation about the best way to handle your decision to consular process or to change status on U.S. soil by calling 1-703-531-0790 or writing to us at info@langwallace.com.

Consular Processing vs Filing a Case on U.S. Soil

In every immigration consultation, the process of obtaining the immigration benefit – be it a green card or a temporary visa – involves carefully analyzing a person’s current situation, where they are located, and when they wish to obtain the benefit. But the decision depends on a number of factors, one of which is the conflict between immigrant intent and nonimmigrant intent. Immigrant intent is the intent to remain on U.S. soil long term. Meanwhile nonimmigrant intent is a term of art which allows most temporary visa holders to NOT intend to become permanent residents of the United States, at the very least, not during the visit while they are using their temporary visa.

There are further prohibitions that force a client to choose the right visa from the outset, too. For example, a person who is a B Visa Tourist cannot tell the consulate that they are coming for a Tourist visa and then change their status on US soil to that of an F-1 Student. Otherwise there will be a presumption of fraud in the consular applicant. The decision has to be made clearly before approaching the consular officer. An assessment as to the ultimate visa type must be made in advance in order to avoid a misrepresentation to the consular officer which can have long term ramifications on future immigration cases.

The mistake of asking for a B Tourist Visa when one knows they want to become a Student in the U.S. is only one of several consular mistakes a person can make. There is also the mistake of knowing that one intends to get married on U.S. soil and applying for a Tourist Entry and then marrying and asking for adjust status to green card on U.S. soil. This may result in a disastrous consequence where the married person is not allowed to adjust status on U.S. soil and then being sent back to the home country in order to complete green card processing overseas.

Other scenarios that involve careful planning include people applying for a J visa unaware that they are subjecting themselves to a two-year home country requirement at the end of their U.S. J Visa stay.  They cannot even get married to a U.S. citizen without fulfilling their time overseas in accordance with the J Visa regulations. Granted, in such a situation, a person may apply for a “No Objection Waiver” but current problems at the U.S. Department of State which has experienced a changing of the guard are resulting in refusals to grant the discretionary recommendation for a Waiver.

One last scenario affects some of the most privileged visa holders which are A Diplomats and G Visa workers for Nongovernmental Organizations like the World Bank.  These people find themselves at odds with the ability to travel freely when they have declared an intent to adjust status on U.S. soil when their green card finishes its pendency. A G Visa World bank Employee may want to file for U.S. lawful permanent residence, but given the strict rules about not intending to become an immigrant, their travel into the United States with a forthcoming green card can be hindered.

Decisions should be made carefully from the outset of an immigration case in order to avoid major periods of separation from loved ones or from the jobs that are expecting you to “seamlessly” keep working in the United States.

Not all outcomes are negative, though. In a consultation with our law firm, you might find that you are eligible to file for an Adjustment of Status to green card after having changed your intent since the time you entered the United States, say when you determine that you have met someone on U.S. soil and wish to get married.  Other pleasant surprises for clients are when they find out that they do not need to keep coming and going from the United States in order to keep visiting a loved one who might be sick or needing care on U.S. soil. In these cases, our firm can help you file an Extension of Status on U.S. soil at least allowing you to stay while your case is being decided by the Immigration Service.

Feel free to contact our law offices for a consultation about the best way to handle your decision to consular process or to change status on U.S. soil by calling 1-703-531-0790 or writing to us at info@langwallace.com.

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