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Mom and dad applied for the B2 visitor visa in April 2016 and got approved. In June ,i applied for becoming a US citizen.Dad arrived NY on B2 visa in september 2016. And after 10 days of my dad's arrival, I become a US citzen. Mom arrived NY on B2 visa in November 2016. In December 2016, I submitted the 130 and 485 application for them. just found out there is 30/60day rule after I submitted the applications. Does the 30/60day rule apply to an immediate relative of US citizen? At the interview, will they deny the case? (They actually visited me on B2 visa several times years ago, when I was a geen card holder.

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Did you parents came to the USA with the intent to stay and live there permanently? What did they say to the immigration officer when they arrived?


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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they got 10-year valid B2 visa in 2011 and they come to visit me and my two babies, they told officer the purpose is to visit us. And at that time I am a green card holder. they dont hav intent to apply for green card. becasue they need to go back to home country to work at that time and they come and go several times, each time only stay less than 4 months.

This year , they hold the previous B2 visa to enter, there is no interview to get the visa and when then came in, no one ask for the purpose of the trip.

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they got 10-year valid B2 visa in 2011 and they come to visit me and my two babies, they told officer the purpose is to visit us. And at that time I am a green card holder. they dont hav intent to apply for green card. becasue they need to go back to home country to work at that time and they come and go several times, each time only stay less than 4 months.

This year , they hold the previous B2 visa to enter, there is no interview to get the visa and when then came in, no one ask for the purpose of the trip.

I'm not here to start something, but I will note if they came here on a B2 (a non-immigrant visa) with intent to immigrate, that's fraud. They will likely be questioned about it during the AOS process (likely the interview or via an RFE).

Edit: Before somebody else chimes in, I'm aware that intent alone is not a reason to deny AOS. But I will point out that they will likely be questioned about it and it may trigger additional scrutiny.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Dang it...it won't let me edit the last comment. XD

I think I may have misunderstood something. Are they in the US right now? Do they intend to return home? The reason I ask is because, of course, you can visit using the B2 and still apply for an immigrant visa. I understood the issue as they are coming to the US for the purpose of staying there, despite it being a non-immigrant visa. If that was incorrect, then my bad.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Intent alone is NOT a reason to deny an immediate relative of a USC's AOS application. This is USCIS' own policy.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Did you parents came to the USA with the intent to stay and live there permanently? What did they say to the immigration officer when they arrived?

this is irrelevant

I'm not here to start something, but I will note if they came here on a B2 (a non-immigrant visa) with intent to immigrate, that's fraud. They will likely be questioned about it during the AOS process (likely the interview or via an RFE).

Edit: Before somebody else chimes in, I'm aware that intent alone is not a reason to deny AOS. But I will point out that they will likely be questioned about it and it may trigger additional scrutiny.

no, it won't likely. I haven't seen a case onvk where it has.

I'm not here to start something, but I will note if they came here on a B2 (a non-immigrant visa) with intent to immigrate, that's fraud. They will likely be questioned about it during the AOS process (likely the interview or via an RFE).

Edit: Before somebody else chimes in, I'm aware that intent alone is not a reason to deny AOS. But I will point out that they will likely be questioned about it and it may trigger additional scrutiny.

no, it won't likely. I haven't seen a case onvk where it has.

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I'm not here to start something, but I will note if they came here on a B2 (a non-immigrant visa) with intent to immigrate, that's fraud. They will likely be questioned about it during the AOS process (likely the interview or via an RFE).

Edit: Before somebody else chimes in, I'm aware that intent alone is not a reason to deny AOS. But I will point out that they will likely be questioned about it and it may trigger additional scrutiny.

Why would USCIS give them a hard time when USCIS is bound by law not to consider any of it? What would USCIS hope to gain from jeopardizing the case and setting themselves up for a lawsuit?

Please don't make stuff up.

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I think this sums it up pretty well. Nothing I stated is "made up". It's my assessment of the information:

http://www.peerallylaw.com/en/content/view/562

Basically, you can to enter the US on a B2 and have AOS accepted even with the intent to immigrate so long as you do not provide misrepresentation (i.e. if questioned at POE as to intent, you cannot lie). The 30/60 day rule provides a procedure for USCIS to determine misrepresentation if the visitor takes an action contract to the B2 visa within 30 days of admission, or a rebuttal presumption within 60 days of admission even if the visitor was not questioned at POE. This 30/60 day rule is not a strict law, and a good immigration attorney can challenge its application (I asked an attorney today at a party, actually). As I noted in my comments, intent does not solely disqualify AOS, but it can result in additional scrutiny and hassle that somebody who went through the proper process would not have to face. Nobody wants to be in that position, and nobody should be suggesting that somebody commit visa fraud. The proper process here is to file an immigrant visa (i.e. I-130) to obtain the proper visa prior to arriving in the US with the intent to stay there. That said, if the parents are already in the US, then filing for AOS is the next step. "Violating" the 30/60 rule can result in additional scrutiny, even if it does not mean a denial.

Entering on a B2 with the intent to immigrate is still visa fraud, though. It just doesn't mean people necessarily pay a consequence for it (i.e. if they are not asked about it). I'm certain others here would disagree with this, but that is my interpretation.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I think this sums it up pretty well. Nothing I stated is "made up". It's my assessment of the information:

http://www.peerallylaw.com/en/content/view/562

Basically, you can to enter the US on a B2 and have AOS accepted even with the intent to immigrate so long as you do not provide misrepresentation (i.e. if questioned at POE as to intent, you cannot lie). The 30/60 day rule provides a procedure for USCIS to determine misrepresentation if the visitor takes an action contract to the B2 visa within 30 days of admission, or a rebuttal presumption within 60 days of admission even if the visitor was not questioned at POE. This 30/60 day rule is not a strict law, and a good immigration attorney can challenge its application (I asked an attorney today at a party, actually). As I noted in my comments, intent does not solely disqualify AOS, but it can result in additional scrutiny and hassle that somebody who went through the proper process would not have to face. Nobody wants to be in that position, and nobody should be suggesting that somebody commit visa fraud. The proper process here is to file an immigrant visa (i.e. I-130) to obtain the proper visa prior to arriving in the US with the intent to stay there. That said, if the parents are already in the US, then filing for AOS is the next step. "Violating" the 30/60 rule can result in additional scrutiny, even if it does not mean a denial.

Entering on a B2 with the intent to immigrate is still visa fraud, though. It just doesn't mean people necessarily pay a consequence for it (i.e. if they are not asked about it). I'm certain others here would disagree with this, but that is my interpretation.

30/60/90 day "rule" is not USCIS operating procedure. It's a Department of State "policy". Someone filing for AOS does NOT deal with DoS but with USCIS.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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~~ Inappropriate post removed and some quoting. Stick to answering the question or do not post.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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30/60/90 day "rule" is not USCIS operating procedure. It's a Department of State "policy". Someone filing for AOS does NOT deal with DoS but with USCIS.

I'm just going by what multiple immigration lawyers have stated publicly. That said, I obviously do not provide legal advice...just input and some references that I believe are pertinent the the question.

http://www.hummelaw.com/Blog/2014/January/The-30-60-Day-Rule.aspx

See the "Special Rule for Immediate Relatives of U.S. Citizens." section. Intent cannot be used as a sole factor in denial of an AOS application, but can be used in conjunction with anything else found against the beneficiary in a denial of the petition. Others here may have a different opinion, but I felt it is relevant to post an immigration attorney's write up on the specific matter asked by the OP.

I'll bow out here as I think I provided all that I can to the OP. I don't want to see this thread get off course about the merits/faults of this reference or anything else.

Best wishes to all involved.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I'm just going by what multiple immigration lawyers have stated publicly. That said, I obviously do not provide legal advice...just input and some references that I believe are pertinent the the question.

http://www.hummelaw.com/Blog/2014/January/The-30-60-Day-Rule.aspx

See the "Special Rule for Immediate Relatives of U.S. Citizens." section. Intent cannot be used as a sole factor in denial of an AOS application, but can be used in conjunction with anything else found against the beneficiary in a denial of the petition. Others here may have a different opinion, but I felt it is relevant to post an immigration attorney's write up on the specific matter asked by the OP.

I'll bow out here as I think I provided all that I can to the OP. I don't want to see this thread get off course about the merits/faults of this reference or anything else.

Best wishes to all involved.

In conjunction with something else, sure. That something else would be sufficient for denial on its own, though.

So it does not make a difference if there was intent or not.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Considering the political forces about to take over in the US, I am just astonished that people continue to jeopardize their lives and future by entering on a tourist visa or VWP and applying for adjustment of status.

OP, you don't think it's gonna look a little suspicious that your parents regularly visited you while you were a permanent resident but the second you become a USC, they visit and oops, changed their mind to stay and adjust status?!?!


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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