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Josm

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  1. Haha
    Josm got a reaction from NancyNguyen in Adjustment of status on tourist visa   
    it's not a myth it's a rule
     
    https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4_B_3
  2. Confused
    Josm got a reaction from Matrix13 in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  3. Confused
    Josm reacted to Unlockable in Adjustment of status on tourist visa   
    Umm... what he posted is wrong and does not apply to the OP's situation. Read the entire thread. That post he made is inaccurate for the OP.
  4. Confused
    Josm got a reaction from NancyNguyen in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  5. Haha
    Josm got a reaction from Soup Dragon in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  6. Like
    Josm got a reaction from OrihimeandIchigo in Adjustment of status on tourist visa   
    what this news shows is that the rule was widely disclosed
  7. Like
    Josm got a reaction from Habever in Adjustment of status on tourist visa   
    I do not define that, since I am not the one who dictates the rules, the one who dictates them knows when and why. I could agree with you on that assessment, but I do not make the rules
  8. Like
    Josm got a reaction from Habever in Adjustment of status on tourist visa   
    https://www.nytimes.com/search?query=United+States+tightens+rules+for+entry+visas+to+the+country
  9. Like
    Josm got a reaction from Habever in Adjustment of status on tourist visa   
    Well, from my experience, I tell you that this forum is very useful, but one does not necessarily clarify all the doubts, I had to investigate a lot and finally pay advice since most of what is discussed here are topics related to wife requests.
  10. Like
    Josm got a reaction from OrihimeandIchigo in Adjustment of status on tourist visa   
    it is possible that you are right but in my personal case consult with lawyers and they advised me to wait 90 days, for that reason I preferred the consular procedure, my advice is better to wait 90 days
  11. Like
    Josm got a reaction from OrihimeandIchigo in Adjustment of status on tourist visa   
    it would be worth investigating well before making a disqualification
    On September 1, 2017, the U.S. Department of State (DOS) made important updates to its Foreign Affairs Manual (FAM) at 9 FAM 302.9. Specifically, the DOS replaced its former “30/60 day rule” with a “90 day rule.”
    Under the previous rule, the DOS's position was that certain actions within 30 days of entry that are inconsistent with one's nonimmigrant status would carry with it a presumption that the alien made a material misrepresentation in applying for his or her visa, thus triggering inadmissibility under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA). Inconsistent conduct outside of the 30 day window but within 60 days would not trigger an automatic presumption, but would subject the case to higher scrutiny. Under DOS guidance, inconsistent conduct outside of 60 days would not form a basis for an inadmissibility determination for willful misrepresentation under the old DOS rules.
    Under the new 90 day rule, the DOS will consider certain inconsistent conduct within 90 days of entry to carry with it a presumption of willful misrepresentation in procuring a nonimmigrant visa. Conduct outside of the 90 day window will not be considered, in the eyes of DOS, to form the basis of an inadmissibility determination for willful misrepresentation of a material fact.
    Both the old 30/60 day rule and the new 90 day rule most often arise in cases involving nonimmigrant visitors. It is important to note that, like the 30/60 day rule, the 90 day rule is only binding on DOS officers and not on officers of the Department of Homeland Security (DHS). The DHS, and namely the United States Citizenship and Immigration Services (USCIS), was not restricted from making section 212(a)(6)(C)(i) inadmissibility determinations based on conduct occurring outside of the purview of the 30/60 day rule. However, as we discussed in a detailed article, the USCIS took the 30/60 day rule under advisement, and the Administrative Appeals Office (AAO) has applied it often in unpublished decisions.
    In this article, we will explain the new 90 day rule by referring to both the FAM and a DOS Cable on the issue. To learn about how the USCIS applied the old 30/60 day rule, which provides clues as to how it may take the new 90 day rule under advisement, please see our updated article on that subject [see article]. To learn about the old 30/60 day rule itself, please see our archived article
     
  12. Confused
    Josm got a reaction from little immigrant in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  13. Confused
    Josm got a reaction from geowrian in Adjustment of status on tourist visa   
    what this news shows is that the rule was widely disclosed
  14. Haha
    Josm got a reaction from Carpe Vinum in Adjustment of status on tourist visa   
    it's not a myth it's a rule
     
    https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4_B_3
  15. Confused
    Josm got a reaction from SalishSea in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  16. Confused
    Josm got a reaction from SalishSea in Adjustment of status on tourist visa   
    it's not a myth it's a rule
     
    https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4_B_3
  17. Confused
    Josm got a reaction from Melc in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  18. Confused
    Josm got a reaction from igoyougoduke in Adjustment of status on tourist visa   
    it's not a myth it's a rule
     
    https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4_B_3
  19. Confused
    Josm got a reaction from geowrian in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  20. Confused
    Josm got a reaction from Quarknase in Adjustment of status on tourist visa   
    once you enter the usa you must wait 90 days to file a petition to do so before it would be considered fraud
  21. Like
    Josm reacted to Allaboutwaiting in Adjustment of status on tourist visa   
    From the USCIS policy manual, regarding the adjudication of inadmissibility:
    The U.S. Department of State’s 90-Day Rule
    DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States. 
    Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case.
  22. Thanks
    Josm got a reaction from nykolos in I-864 INSUFFICIENT INCOME   
    on the instruction sheet I find this explanation and an example:
     
    Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your
    assets must equal at least five times the difference between your total household income and the current Federal Poverty
    Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age
    18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the
    intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal
    permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your
    assets need only equal the difference.

    Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is
    $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000.
    In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is
    signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference
    (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000
  23. Like
    Josm reacted to vincentlina in Parents of US Citizens cases under I-130 (IR-5) have been left out in the current Executive Order .   
    The EO is neither of these things. Whether you agree or disagree with it -- in my opinion, it is entirely just "rea meat" for his base because it is too narrowly focused. If it was about protecting jobs, why so many exceptions. Secondly, "most" immigrants migrate to US more healthier than most Americans. Why? Because of all the vaccinations (there are millions of anti-vax citizens), medical exams, and are bared from being awarded a visa if posses many types of diseases and sickness that plague many Americans. So those two arguments are warrant less.
  24. Like
    Josm got a reaction from shefellfromheaven in November 2019 Filer of I-130 for parent   
    Hola 
    Envio 2 I-130 el 1 de Noviembre
    Recibido el 4 de Noviembre
    Mensaje de Texto con numero de caso IOE el 13 de Noviembre.
     I797C para crear cuenta el 15 de Novviembre.
    I797 Padre 16 de Noviembre Nebraska
    I797 Madrastra 16 de Noviembre Nebraska.
    Fecha de prioridad asignada 5 de Noviembre
     
     
     
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