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agarrard
09-13-2007, 03:58 AM
My friend's spouse entered on a border crossing permit. Can they file the AOS packet? She's also worried about him using a name and social that isn't his. They just got a certified letter from the IRS regarding $12,000.00 that he owes in back taxes. They have been filing their taxes together for the last 3 years. The back taxes is money owed from various other people using the same name and number that haven't filed. She is worried about this. Also, he got hurt a couple years back and had a workers' comp lawsuit which he got a settlement from and she's worried about this too. Any advice would be appreciated. Thanks!

IBMMuseum
09-13-2007, 08:22 PM
My friend's spouse entered on a border crossing permit. Can they file the AOS packet? She's also worried about him using a name and social that isn't his. They just got a certified letter from the IRS regarding $12,000.00 that he owes in back taxes. They have been filing their taxes together for the last 3 years. The back taxes is money owed from various other people using the same name and number that haven't filed. She is worried about this. Also, he got hurt a couple years back and had a workers' comp lawsuit which he got a settlement from and she's worried about this too. Any advice would be appreciated. Thanks!

A Border Crossing Card is analogous to a limited form of B2 "Tourist" visa. It's restricted to less miles from the border, and less time (unless the cardholder gains an I-94 at the crossing office, giving identical limitations as the B2 for that trip). I would suppose the answer would be the same as the non-immigrant B2 visa: AOS cannot be made from that type of visa.

aussiewench
09-14-2007, 07:05 AM
I would suppose the answer would be the same as the non-immigrant B2 visa: AOS cannot be made from that type of visa.
If one enters the US legally and is otherwise eligible, one can apply to adjust status in the US. Many enter the US on visitor visas and under the VWP and have adjusted status. One needs to be able to show that there was no immigration intent on entry, if requested to do so. See Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddd6e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD)


agarrard, I do not know how this applies to a border crossing card. Perhaps someone will, or you could ask Laurel Scott in her chat.

lrweeks1120
09-17-2007, 05:29 PM
We have filed using my wife's Border Crosser Card and haven't heard that it was unacceptable. Both USCIS and my attorney said it would be O.K. to use as proof of entering the U.S. Legally. And tell your friend that it's very very very important to tell the truth about any SSN used, past jobs, etc.