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Did 30/60/90 rule change to NINETY?

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  • Did 30/60/90 rule change to NINETY?

    Is it true that you can no only file AOS after 90 days, whether Family Based or Employment Based.

    TIA.
    Last edited by NettieL; 10-06-2017, 11:01 AM.
    Not legal advice.

  • #2
    Originally posted by NettieL View Post
    Is it true that you can no only file AOS after 90 days, whether Family Based or Employment Based.

    TIA.
    There was a change to the Department of State's Foreign Affairs Manual, but the Department of State does not adjudicate AOS; USCIS does.

    Plus, there are immigration court precedents that AOS for Immediate Relatives (spouse, unmarried under-21 child, or parent of US citizen) cannot be denied even if there was preconceived intent to immigrate.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      There was a change to the Department of State's Foreign Affairs Manual, but the Department of State does not adjudicate AOS; USCIS does.

      Plus, there are immigration court precedents that AOS for Immediate Relatives (spouse, unmarried under-21 child, or parent of US citizen) cannot be denied even if there was preconceived intent to immigrate.
      Very eloquently stated.

      Comment


      • #4
        Thank you for your feedback.
        Not legal advice.

        Comment

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