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AOS for permanent resident's daughter

AOS for permanent resident's daughter

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Old Feb 22nd 2018, 5:59 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Rete
AILA - American Immigration Lawyers Association

Is your daughter still within the 90 days of her VWP entry permitted timeline?
Yes
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Old Feb 22nd 2018, 6:00 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Rete
AILA - American Immigration Lawyers Association

Is your daughter still within the 90 days of her VWP entry permitted timeline?
Thanks for the link. There were no lawyers within 100 miles of my location
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Old Feb 22nd 2018, 7:13 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
Thanks for the link. There were no lawyers within 100 miles of my location
We've dealt with 4 immigration lawyers for various issues over the last 12 years and I only ever saw one of them. Most do their work over the phone or by email. Our last one, who was excellent, was in Indiana.
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Old Feb 22nd 2018, 7:32 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Orangepants
We've dealt with 4 immigration lawyers for various issues over the last 12 years and I only ever saw one of them. Most do their work over the phone or by email. Our last one, who was excellent, was in Indiana.
Oh well that's good, I'll call around then!
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Old Feb 22nd 2018, 8:50 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
Thanks for the link. There were no lawyers within 100 miles of my location
They will do a phone consultation.

PS Just saw that Orangepants said the same thing earlier.
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Old Feb 22nd 2018, 8:53 pm
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Default Re: AOS for permanent resident's daughter

You want to file BEFORE her 90 days is over. Even one hour past the 90 days means she is in overstay and she should leave the US, even with advance parole. That means she could not leave until she has a green card which might be 12 or more months in the future from the date of filing.
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Old Feb 22nd 2018, 11:35 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Rete
You want to file BEFORE her 90 days is over. Even one hour past the 90 days means she is in overstay and she should leave the US, even with advance parole. That means she could not leave until she has a green card which might be 12 or more months in the future from the date of filing.
Yes I know, she's not been here that long yet. Does the 30/60 rule apply with this situation?
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Old Feb 22nd 2018, 11:37 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Rete
They will do a phone consultation.

PS Just saw that Orangepants said the same thing earlier.
I managed to find one in my city, not through that website though. But this one looks like it's got good reputation so I've got an appointment coming up in a couple weeks.
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Old Feb 22nd 2018, 11:48 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
I managed to find one in my city, not through that website though. But this one looks like it's got good reputation so I've got an appointment coming up in a couple weeks.
From a google serch:

https://bccimmigration.com/exception...-30-60-90-day-...



Aug 8, 2017 - Most foreign nationals who come to the United States and apply for an adjustment of status or change of status are subject to the 30/60/90 – day rule, but immediate relatives of US citizens are exempted from the burden of proving that they did not possess a preconceived intent to immigrate.
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Old Feb 22nd 2018, 11:53 pm
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Default Re: AOS for permanent resident's daughter

Thank you all so much for your time and all your replies, it means a lot.
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Old Mar 1st 2018, 8:30 pm
  #56  
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Default Re: AOS for permanent resident's daughter

I thought the 30/60/90 day rule was a myth...?

- Eric S.
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Old Mar 1st 2018, 8:33 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Eric S
I thought the 30/60/90 day rule was a myth...?

- Eric S.
It is
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Old Mar 1st 2018, 10:26 pm
  #58  
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Default Re: AOS for permanent resident's daughter

Originally Posted by Eric S
I thought the 30/60/90 day rule was a myth...?

- Eric S.
It no longer exists. It's replacement is a straight up 90 days. This is very new.

That said, my younger colleagues are in a panic while I try to teach the children what the rule actually is.

The rule may create a presumption that a representation is false, but it does NOT create a presumption that the representation was made in the first place. This a subtle but very real distinction that the minions of the dark forces often miss. It is up to the lawyers to teach them.

Rant concluded.
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Old Mar 1st 2018, 10:47 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by S Folinsky

It no longer exists. It's replacement is a straight up 90 days. This is very new.

That said, my younger colleagues are in a panic while I try to teach the children what the rule actually is.

The rule may create a presumption that a representation is false, but it does NOT create a presumption that the representation was made in the first place. This a subtle but very real distinction that the minions of the dark forces often miss. It is up to the lawyers to teach them.

Rant concluded.
Seems also a Consulate rather than adjustment issue.
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Old Mar 2nd 2018, 3:16 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Boiler
Seems also a Consulate rather than adjustment issue.
Don't disagree. However, these "rules" have had a habit of spreading to DHS practice.
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