30/60dau rule

[EM_Vandaveer 2,369]

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?!?!

It doesn't matter. Intent alone is NOT a reason to deny an AOS application by an immediate relative of a USC. That is USCIS' own policy.

[aaron2020 11,651]

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?!?!

Scare mongering based on your opinions without any truth.

Based on case law in Matter of Batista and Matter of Cavazos, USCIS can not deny the AOS of an Immediate Relative of a USC for immigrant intent.

Please tell us how the "political forces" are going to affect USCIS's application of case law?

Why does it look suspicious that the parents changed their minds when USCIS can not use immigrant intent against them?

PLEASE STOP MAKING STUFF UP.

[geowrian 22,335]

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.

Do you have any source for the bolded statement? I can't seem to find anything corroborating that part. Everything I'm seeing indicates that other adverse factors can be used alongside intent at the officer's discretion, whereas no single factor by itself might be sufficient for a denial.

[aaron2020 11,651]

Sources: Google Matter of Batista and Matter of Cavazos.

Please show us your source for where an IR of a USC had a problem with immigrant intent when adjusting status.

[geowrian 22,335]

Sources: Google Matter of Batista and Matter of Cavazos.

Please show us your source for where an IR of a USC had a problem with immigrant intent when adjusting status.

That's not a source (and doesn't address the issue of consideration in conjunction with other adverse factors).

I'm not sure what you're asking for here...proof of something you claim doesn't exist? That's not a logical request. All I am asking for is a source that backs the claim that intent cannot be used in consideration with other factors. As for my source, I'll again refer to the same source you have quoted in the past. Bold is my emphasis.

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

"It is important to understand that the holdings of these cases [Matter of Batista and Matter of Cavazos] do not mean that the 30/60 Day Rule cannot be applied to immediate relatives, but instead, that it cannot be the only reason that USCIS denies the application"

Edit: For clarification of my assessment of the above, "do not mean that the 30/60 Day Rule cannot be applied to immediate relatives" means that are/can be circumstances where the 30/60 day rule can be applied to IRs.

Edited December 24, 2016 by geowrian

[Boiler 43,438]

That's not a source (and doesn't address the issue of consideration in conjunction with other adverse factors).

I'm not sure what you're asking for here...proof of something you claim doesn't exist? That's not a logical request. All I am asking for is a source that backs the claim that intent cannot be used in consideration with other factors. As for my source, I'll again refer to the same source you have quoted in the past. Bold is my emphasis.

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

"It is important to understand that the holdings of these cases [Matter of Batista and Matter of Cavazos] do not mean that the 30/60 Day Rule cannot be applied to immediate relatives, but instead, that it cannot be the only reason that USCIS denies the application"

If you have multiple reasons to be refused adjustment then you are in a pile of hurt anyway. And should have a Lawyer involved.

There is no suggestion that the situation here is any different to the vast majority of cases, simple adjustment.

[geowrian 22,335]

If you have multiple reasons to be refused adjustment then you are in a pile of hurt anyway. And should have a Lawyer involved.

There is no suggestion that the situation here is any different to the vast majority of cases, simple adjustment.

Absolutely - if there are other issues *that you know about* then a lawyer should already be involved. There's also the potential for issues that you aren't aware of, or just didn't think would be an issue. There is nothing stated here that suggests the OP has other issues, but there's not evidence of the contrary either...so making the information available for his consideration is relevant.

Simple adjustment is only simple until you do have an issue. XD

[Boiler 43,438]

This is a self help DIY group, if you want to discuss that nobody should DIY because well you never know then this is much more general and not something specific to this thread.

[geowrian 22,335]

This is a self help DIY group, if you want to discuss that nobody should DIY because well you never know then this is much more general and not something specific to this thread.

Nothing at all like that was even remotely stated. Please stay on topic.

[Penguin_ie 5,986]

***** several more off topic and bickering posts removed. Stay on topic or do not post. ******