When does the 30/60 day rule affects an applicant, on the filing of an immigrant petition or on the filing of the I-485 AOS application? 2 Answers as of September 11, 2014

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Nouri Law Corporation
Nouri Law Corporation | Faith Nouri, Esq.
The rule is set to prevent people from circumventing our immigration process. That said, if an individual comes here as a visitor to marry a US citizen without going through consular processing, then he/she is not following the law. However, sometimes people have no intention to circumvent the process. Let's say your boy or girl friend proposes to you while you are visiting. Again, there is no preconceived intent here. You may consult an attorney and file your immigrant application after 60 days, from date of entry.
Answer Applies to: California
Replied: 9/11/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The so-called "30/60 day rule" is not an actual rule but rather simply guidance on making preconceived intent findings. You are much better off scheduling a private consultation with an experienced immigration attorney to discuss your specific facts.
Answer Applies to: New York
Replied: 9/11/2014
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