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Husband was denied permanent residence

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  • #16
    What sappyconifer mentioned makes perfect sense. Even if he had preconceived intent to remain, without more, it does NOT grant the denial of AOS. However, not having proof of entry and ADMISSION is enough to produce a denial. There's many cases where the alien discloses the use of multiple and visas at the port of entry and is granted admission (sometimes parole), but only if all visas are valid, legal and the alien provides truthful answers. In cases like those, where all facts are known and the alien is granted admission, that admission then cannot be used against the alien when the officer adjudicated the benefit with complete knowledge of all facts.

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    • #17
      Houston

      why are you continuing these "what ifs" and debating scenarios that have not even been presented? Where in this thread did anyone say that overstay was frequent use? Abuse is if it was determined that this guy was using 2 passports to deliberately cover up overstay. and then delibertely not disclose the 2nd passport that would have revealed as such as I suspect. however, like I said ...until the poster clarifies for us. it is all just speculation.

      Hello... Preconceived intent can get AOS denied if proven. Especially in case of VWP. VWP has been given special priviledge, therefore they have some accountability for their actions. For example... If person comes on VWP with preconceived intent to stay to get married . AOS can be denied and upheld as fraudulent means were abused to circumvent immigration protocol. Again as I stated, no appeal is available to them in front of an IJ because they came in on VWP. Deliberate failure to disclose or deliberate misrepresent is perceived as fraud by USCIS. the burdon will fall on the alien to prove otherwise.

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      • #18
        Passport-shmassport is nothing !!!

        Only those terrible DIRTBAGS who don't staunchly support the WWW.FAIRUS.ORG agenda will be PERMANENTLY denied any immigration benefit !!!

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        • #19
          "Immigrant intent", like I said, is not enough to deny AOS. Matter of Cavazos, clarified by Matter of Ibrahim, also quoted by Matter of Batista.

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          • #20
            Houston is a DIRTBAG !!!

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            • #21
              I only quoted the opinions of the BIA. So you're calling THEM dirtbags... not me. Have a nice day and next time, be a little more polite when referring to institutions within the Federal Government. Your lack of respect for Government and its institutions speaks volumes about the true nature of yourself and the organizations you support.

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              • #22
                Hey, DIRTBAG,
                I am all for WWW.FAIRUS.ORG !!!
                It's a holiest organization on planet Earth !!!

                As to YOU, DIRTBAG, I wish to see your DIRTBAG behind kicked off MY board !!!

                Or better yet - keep defecating on MY board as long as I let you !!!

                I am omnipotent enough to let you keep defecating, while I watch you obey my omnipotent suggestions !!!

                HEHEHEHEHEHE

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