Green Cards & Changing Visa Status In States

[Dr. Burrito]

Hi All,

Just a few questions if I may. My wife is in the states with our children for school. She is on a tourist visa and would be required to come back in March of next year. What I am wondering is the wisdom in trying to apply for a green card there or some change of status in her visa to facilitate a quicker issuance of one here in Bangkok when she comes back.

Does anybody have any experience with this or know the best process for doing things that works both legally and time-wise. We just hate for her to be separated from the kids any longer than required, so want to do something that will make that as minimal a time as possible.

We are both pretty committed to the kids being in school there for at least a few years, so we want to do something that will make that a smoother and easier process.

Thanks,

Dr. B

[DirectorIntegrityLegal]

Although most readers of this forum might say I sound like a broken record when writing about this subject in previous threads, I should reiterate that entering the United States upon a tourist visa with undisclosed immigrant intent can be construed as Immigration fraud. With that in mind, those who enter the United States on a tourist visa with true non-immigrant intent whose circumstances change, can apply to have their status adjusted to permanent residence provided they otherwise meet the requirements.

USCIS does not look fondly upon this practice and for this reason even couples with legitimate intentions should proceed with caution. I generally advise people in this situation to seek competent legal counsel stateside to handle the adjustment of status. Send me a PM if you would like more information on this issue.

Best of Luck!

Ben Hart

US Immigration Attorney

Edited September 20, 2009 by DirectorIntegrityLegal

[Dr. Burrito]

Hi Ben,

Thanks for the input. I sent you a PM.

Dr. B