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Can he adjust status on tourist visa?

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  • Can he adjust status on tourist visa?

    My wife came to USA in 2003 on fiancee visa. Her child stayed behind with his father - for many reasons. Now, the child (16 yo) wants to come to USA to live with us. My wife wants to bring him over on a visitor/tourist visa then adjust his status while he is in America. Is this possible? I thought I read somewhere on some lawyer's website that it could be done. But I know the the visitor visa is temporary.

    She wants to use the tourist visa approach because the I-130 process will take too long and he needs to come soon because problems there; and his Ukrainian passport is for temporary travel only, it does not have the "stamp" saying he will live in America, and they will not give him this stamp because Ukraine will not let a soon-to-be army-aged male leave the country.

    Thoughts?

  • #2
    he has to go the I-130 way. Using a visitor visa with the intention to adjust his status is FRAUD! Follow the rules.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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