Do Not Misrepresent Intent at Entry!

I am a United States citizen married to an Indonesian (married in U.S.) for seven years. We have been living in China for nine years. We plan to move to the United States after obtaining an Immigrant Visa for her.

Our timetable has changed and the wait for the visa would be too long. She has a tourist visa now. Can we move to the U.S. and apply for a Green Card with the tourist visa?
—Anonymous

When a person enters the United States with a tourist (visitor) visa, the person’s intent is to temporarily visit the United States and to return abroad once the visit is over. If a person misrepresents their intentions when applying for admission to the United States at a place of entry, they may be found inadmissible by the Customs and Border Patrol (CBP) and turned back to their country of origin.

It is likely that the CBP officer will ask you and your spouse questions about your intentions in the United States and about your ties to the country that you originated from. It is the CBP officer’s job to make sure that persons entering the United States are intending to enter for the purpose allowed by the visa. The government put into place immigrant visa processing to allow persons who are outside the United States to apply to immigrate permanently to the United States.

It may be wise for you to consult with an experienced immigration attorney prior to traveling to the United States.

Michael Shane and Evan Shane, Immigration Attorneys

4.8 127 reviews

K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
Thank you guys!
Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!