Good morning, Can you please help me with these quick five immigration questions? My spouse was granted B2 (Tourist) 2 year multi-entry visa to US, she planned to travel in July but she got held up and she won't be able to travel until January: 1- How soon once Visa is issued does she have to enter the US? is it within first 4 to 6 months? 2- Would the immigrating officer ask her about this delay of travel if it's an issue? 3- Would it be an issue with the immigration officer if she has a direct flight to her final destination or a connection flight with in the US? 4- Can the immigration officer see the documents submitted at the Embassy for her Visa? 5- We plan to change her status for GC once she gets here, how long does she need to be in the US before she changes status? and what are the steps to do that? Thank you very much for your help
Question 1: She can initiate travel any time she wishes within the period of validity of the visa. There is no requirement that she use it within 4 or 5 months after issuance.
Question 2: The immigration officer can aske her anything he wants, a truthful answer is more lilkely to avoid a problem than a fabricated one that your wife may not be able to back up.
Question 3: Travel arrangements are different for everyone. If the connecting flight makes sense, then it should not be an issue.
Question 4: I would always assume that the immigration officer can request information, even if not readily available to him, from the visa application and it is best to stay with consistent asnwers. If you tell the truth you stand a better chance of the asnwers being consistent.
Question 5: This is a tricky question. A visitor entering the US on a Visitor Visa is a non-immigrant. If she has preconceived intent and the government discovers it, she could be found to have committed fraud. The general rule si that if she takes any action to change status within 30 days of entry to teh US, she has the burden of rebutting a possible presumption of preconceived immigrant intent at the time of entry. If the conduct leading to a change in her status in the US occurs between day 31 and day 60 from date of entry, the burden shifts to the government to prove her preconceived intent. If the action occurs after day 60 it is no longer an issue. You provided no information on your status or how you expect that she will ultimately be eligible for a green card. This information would be helpful to whoever assists you with resolving this problem. Best of luck to you. Jan Joseph Bejar, Esq.
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