Legal Question in Immigration Law in New Jersey
Visiting US during immigration process
My boyfriend lives in Canada and I live in NJ. We are going to apply at the end of the month for a Fiance Visa for him to move here. We haven't finished our research yet, but we have heard that he will not be allowed to visit me while the application is in process. Is this true??
Are there any ways around it??
1 Answer from Attorneys
Re: Visiting US during immigration process
With regard to you question about the visiting problem once you file the fiance petition, it is because your fiance has immigrant intent. If he tries comes to the US to visit during the process, and the INS inspectors are aware of the fiance petition or his intent to immigate, he many be found inadmissable and not be allowed to enter. If he is not allowed to withdraw his application for admission, he could be removed and barred from entering the US for 5 years.
Any Canadian can come to the US to visit for up to six months. If a person comes to the US with the intention of staying and applying for a green card, he could be said to have a preconcived intent to remain as an immigrant. He also could be said to have commited a fraud on the immigration inspector, depending on the particular fact situation.
It would be inappropitate for me to tell you how to evade the immigration law. However, if you want to know what you options are, I would suggest that you make an appointmnet with an Immigration lawyer for a consultation at the lawyer's office. The lawyer would be able to explain what options you have under the law once you tell him the other particulars in your fiance's case. This forum is not the appropriate one to discuss options that evade the law.
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