US State Department Will Now Deny Adjustment of Status on Tourist Visas

The State Department over the weekend if you have been paying attention to immigration news, the state department had and article about … The New York Times posted an article about the state department going over tightening rule for visas to the U.S. Specifically tourists visas. So I’ll hand it over to Ben.

Sure and to clarify this is … We found this in the New York Times article and New York Times is certainly a credible newspaper but again it’s not direct from the State Department so a little bit of hearsay, but basically what they’re saying is that they’re gonna look closer at your intent if you come to the United States and you try to adjust status. So for example, you come here on a tourist visa but then you marry a U.S. Citizen and now you want to an adjustment of status to get a green card. This has been going on forever. People have been doing this for a long time. It’s always been not allowed, maybe illegal is too strong a word. I don’t know I’m not a lawyer but it’s always been the case that the State Department wants you to use your visa for the intended purpose.

So if you apply for a tourist visa, you’re supposed to be a tourist. Come here bring your camera, take pictures, go to a conference. Something like that. If you come here on a student visa, you are supposed to be a student. But there have been a lot of people who have adjusted status from tourists visa to green card and successful but now what they’re saying, if we’re to believe this report and it seems credible, that if you come here on your 90-day tourist visa and within that 90 days you’re getting married and adjusting status, they are gonna assume that you lied about your intent.

And what they mean by intent is if you apply for a tourist visa, your intent is supposed to be a tourist, not to be an immigrant. And so we haven’t heard any of the feedback on this but it is important to know because a lot of people who do that and again it has always been improper. It’s never been allowed technically to use a tourists visa for the purpose of coming here and getting married and changing your status. They want you for that purpose to use a Fiance Visa. Otherwise, we wouldn’t have a Fiance Visa, right? There would be no need for it if you were supposed to use a tourist visa for that.

So that’s what we’re reading. The article we have it here shown online. You can read it for yourself. All we know if what’s in the article but it is very interesting … interesting to know that might be cracking down on that. If we get updates or if we start seeing actual denials we will update our information but that’s all we know for now. So buyer beware.

And to clarify for us. It’s business as usual. Tourists visas in general are definitely not guaranteed. You have to have a higher success rate for a Fiance Visa or a Spouse Visa and really the wait time isn’t that bad. So if that is your intent. You can give us a call we can help you out and walk you through it.

Yeah that’s right and one note on that on a general theme of trying to find a shortcut. Many people do this as a shortcut. Get here right now on a tourist visa and then do their Fiance Visa or adjustment of status, I mean after the fact. But anytime you are trying to take a shortcut that you probably understand is not exactly the right way to do it. You are putting yourself at risk. We recommend you do things the right way. Right from the beginning.



Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

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