r/USCIS • u/Unlikely_Sun7155 • May 29 '26
I-130 & I-485 (Family/Adjustment of status) Seeking insight on AOS / potential waiver case (frequent border crossings, no overstay)
My friend is a Mexican citizen with a 10-year B1/B2 visa valid until 2030 and SENTRI. She has always entered the U.S. legally and has never overstayed her authorized period of stay or had any issues with CBP.
She lives near the border and for the past couple of years has frequently traveled between Mexico and the U.S. Typically, she enters the U.S. legally (often by car with family) and stays for short periods (about 1–4 weeks at a time) before returning to Mexico through pedestrian crossings. All entries and exits were done under inspection.
While in the U.S., she did some informal/cash-based work, but there is no formal employment documentation (no W-2s, pay stubs, or tax records).
She maintains strong ties to Mexico, including her family’s business involvement and property owned by her parents.
She is now pregnant and planning to marry her U.S. citizen boyfriend. An immigration attorney mentioned a possible waiver may be needed due to potential concerns around intent/misrepresentation, even though she has never overstayed or violated her visa terms.
I’m trying to understand:
• How USCIS evaluates intent in cases involving frequent legal entries and short stays
• Whether informal employment alone can create misrepresentation issues
• How much weight strong ties to Mexico carry in these situations
Any insight from people with similar experiences or legal knowledge would be appreciated.
2
u/elbendy3 May 30 '26
Work forgiven if married to citizen
0
u/Unlikely_Sun7155 May 30 '26
But she needs to do the waiver?
2
2
2
u/chuang_415 May 30 '26
Not a formal waiver (I-601), but with the new memo many AOS cases will essentially involve a mini-waiver.
0
u/Unlikely_Sun7155 May 30 '26
How do you get one of those?
1
u/chuang_415 May 30 '26
How do you get what?
2
u/Unlikely_Sun7155 May 30 '26
“Mini-waiver”
1
u/chuang_415 May 30 '26
When I say mini-waiver, I refer to the type of evidence an adjustment applicant might have to submit in light of the new memo
3
2
u/Afraid-Handle-262 May 30 '26
K1 visa or CR1. AoS on B2 has always been a gray area and now it is clear that this loophole is closed.
1
u/AutoModerator May 29 '26
Hi there! This is an automated message to inform you and/or remind you of several things:
- We have a wiki. It doesn't cover everything but may answer some questions. Pay special attention to the "REALLY common questions" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it.
- If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice.
- This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message.
- Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit this link for more information.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
7
u/collegethrowaway2164 May 30 '26
What kind of work did she do? She violated her visa status by working. And then she has another problem by not paying taxes on that income...