In the Matter of Ibrahim

1 Analyses of this admin-law by attorneys

  1. Permissible Activities While on B2 Status

    Alexander J. SegalMarch 15, 2016

    However, it is important to note that it will likely be difficult to change or adjust from B2 status unless the alien was granted B2 status to do so. The applicant must generally demonstrate that he or she did not have preconceived intent to change or adjust status.But see theMatter of Cavazos, 17 I&N Dec. 215 (BIA 1980) and the Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981) which held that preconceived intent by itself should not lead to the denial of an adjustment of status application in the immediate relative category.B2 Visitors under Special Circumstances9 FAM 402.2-4(B) lists special circumstances in which a B2 visa may be accorded:The fiancé(e) of a U.S. citizen or LPR who would be classifiable in the K visa category [see article] but intends to return to a residence abroad soon after the marriageThe fiancé(e) of a nonimmigrant alien in the United States who will apply for a change of status to the appropriate derivative nonimmigrant category after the marriage (but only if the applicant does not intend to abandon his or her residence abroad or seek to adjust status after admission)Proxy Marriage SpouseAlien Spouse or Child of a U.S. Citizen or Permanent Resident (if the purpose is to join for a temporary visit)Cohabiting Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status (provided the applicant inten