From here to I-130.....

[bradcanuck 1]

Yes, if he is allowed into the US, he can apply for his I-485 based on the pending I-130. One issue though may be preconceived intent to immigrate. Basically, it's not ok to enter the US as a tourist with the intent to immigrate. Filing an I-485 immediately may raise some flags (though chances are USCIS won't really care). I'd suggest that you contact an immigration attorney about this.

The intent issue is something I have always had a hard time reconciling.

It's pretty hard to grasp, yes. Any lawyer I talked to say leave AT LEAST 60 days. Over 90 is best. Some immigration officials take offense to a jump in and red flags are raised. Gotta be very careful with this.

[IR5FORMUMSIE 850]

Yes, if he is allowed into the US, he can apply for his I-485 based on the pending I-130. One issue though may be preconceived intent to immigrate. Basically, it's not ok to enter the US as a tourist with the intent to immigrate. Filing an I-485 immediately may raise some flags (though chances are USCIS won't really care). I'd suggest that you contact an immigration attorney about this.

The intent issue is something I have always had a hard time reconciling.

It's pretty hard to grasp, yes. Any lawyer I talked to say leave AT LEAST 60 days. Over 90 is best. Some immigration officials take offense to a jump in and red flags are raised. Gotta be very careful with this.

The infamous 30-60-90 day rule. If you apply after only 30 days then you will be almost certainly rejected or at least trigger an investigation. Over 90 days and you shouldn't have too many problems. The good thing is Canadians can stay up to 180 days in the US. It, however, is not a hard and fast rule. The filing of the I-130 clearly shows an intent to immigrate but since he's not being stopped right now might mean that this is a non-issue.

[Debbie A 0]

Yes, if he is allowed into the US, he can apply for his I-485 based on the pending I-130. One issue though may be preconceived intent to immigrate. Basically, it's not ok to enter the US as a tourist with the intent to immigrate. Filing an I-485 immediately may raise some flags (though chances are USCIS won't really care). I'd suggest that you contact an immigration attorney about this.

The intent issue is something I have always had a hard time reconciling.

It's pretty hard to grasp, yes. Any lawyer I talked to say leave AT LEAST 60 days. Over 90 is best. Some immigration officials take offense to a jump in and red flags are raised. Gotta be very careful with this.

The infamous 30-60-90 day rule. If you apply after only 30 days then you will be almost certainly rejected or at least trigger an investigation. Over 90 days and you shouldn't have too many problems. The good thing is Canadians can stay up to 180 days in the US. It, however, is not a hard and fast rule. The filing of the I-130 clearly shows an intent to immigrate but since he's not being stopped right now might mean that this is a non-issue.

Sorry, maybe this sounds dense but I am not familiar with the "30-60-90" day rule. Are you suggesting that I wait 90 days AFTER my son is lawfully in the US before I apply for a change of status? I don't see any problem doing that, except I was concerned about authorities making some effort to deport him if I don't apply right away. My understanding was that he was more likely to be allowed to stay AFTER he applied; is that a misguided notion?

[bradcanuck 1]

Sorry, maybe this sounds dense but I am not familiar with the "30-60-90" day rule. Are you suggesting that I wait 90 days AFTER my son is lawfully in the US before I apply for a change of status? I don't see any problem doing that, except I was concerned about authorities making some effort to deport him if I don't apply right away. My understanding was that he was more likely to be allowed to stay AFTER he applied; is that a misguided notion?

This is based purely on my experience and what lawyers have told me PERSONALLY. But if you apply within 30-60 days the chances of a flag being raised are higher than if you wait 90 days. The intent to immigrate is obvious in some cases and sometimes they don't care. This is not based on science really it's more of whatever anyone feels like doing/telling you.

I would at the very least contact an immigration attourney and ask a question based on a free consultation (first one usually is). They will give you their honest 2c based on dozes if not thousands of instances like yours.

[Debbie A 0]

Sorry, maybe this sounds dense but I am not familiar with the "30-60-90" day rule. Are you suggesting that I wait 90 days AFTER my son is lawfully in the US before I apply for a change of status? I don't see any problem doing that, except I was concerned about authorities making some effort to deport him if I don't apply right away. My understanding was that he was more likely to be allowed to stay AFTER he applied; is that a misguided notion?

This is based purely on my experience and what lawyers have told me PERSONALLY. But if you apply within 30-60 days the chances of a flag being raised are higher than if you wait 90 days. The intent to immigrate is obvious in some cases and sometimes they don't care. This is not based on science really it's more of whatever anyone feels like doing/telling you.

I would at the very least contact an immigration attourney and ask a question based on a free consultation (first one usually is). They will give you their honest 2c based on dozes if not thousands of instances like yours.

Thanks for the advice, I am waiting for a lawyer's response currently. I shall post the results, in the event that helps someone else. Input from others by means of this forum has already helped immensely: thanks to all!

[misa 2]

As far as I can tell there is no official policy on the 30/60/90 day rule as far as USCIS. There's been extensive talk about it in the AOS forum. However, I agree with not raising any red flags. Of course I'm no lawyer or expert but I wouldn't think that it would apply to someone's minor son though? I mean, what kind of a jerk would deny the application?

Hey Debbie, I don't think you mentioned it anywhere but you are only petitioning for your son, correct? Not a spouse or anyone else? I'm sure you've already looked into this but is there a loophole anywhere about minor children of a USC being able to move with their parent? At 15, he's not allowed to live on his own in Canada and you're a USC. Just a thought (though I'm already sure you thought about it).

Hopefully the lawyer will have some good news for you!

[Debbie A 0]

As far as I can tell there is no official policy on the 30/60/90 day rule as far as USCIS. There's been extensive talk about it in the AOS forum. However, I agree with not raising any red flags. Of course I'm no lawyer or expert but I wouldn't think that it would apply to someone's minor son though? I mean, what kind of a jerk would deny the application?

Hey Debbie, I don't think you mentioned it anywhere but you are only petitioning for your son, correct? Not a spouse or anyone else? I'm sure you've already looked into this but is there a loophole anywhere about minor children of a USC being able to move with their parent? At 15, he's not allowed to live on his own in Canada and you're a USC. Just a thought (though I'm already sure you thought about it).

Hopefully the lawyer will have some good news for you!

The petition is for my son ONLY; my hubby is gonna stay here in Canada and generate enough money to pay for all this. Actually, we are both totally commited to this plan but only my son will be coming to the US with me.

I have indeed thought about that loophole and I too think it must be out there; but I haven't found it yet. Maybe the lawyer has an idea!

Thanks for the support, nothing like another pair of eyes out there to help me see where to go from here.....

[djc 0]

#######?! So you have citizenship and can move to the US at any time......... without your children.

Wow that makes a WHOLE LOT of sense. THANK YOU, immigration people.

You have my support as well! If he's been crossing the border a lot, I don't see why you would have a problem with him crossing unless you say something like, I'm moving in and I'm taking my baby with me! LOL.

[misa 2]

I have indeed thought about that loophole and I too think it must be out there; but I haven't found it yet. Maybe the lawyer has an idea!

Still keeping my fingers crossed that you'll get some good news from the lawyer!

[IR5FORMUMSIE 850]

I have indeed thought about that loophole and I too think it must be out there; but I haven't found it yet. Maybe the lawyer has an idea!

Still keeping my fingers crossed that you'll get some good news from the lawyer!

Ditto!