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Visited on ESTA visa, immigration official told me to leave earlier

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Lemonslice Experienced

Lemonslice   4,955

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted
3 minutes ago, Michael2017 said:

Guys, policies have changed. I cant repeat myself over and over again. 2 different lawyers have recently sent newsletter stating that AOS before 90 days will cause the presumption of fraud now. It can be overcome but is very hard. All of you guys advising for AOS have not gotten to know the new policies and you will just put OP and others in big trouble. Listen to people who got info in time to warn others and do not argue with them based on outdated old information.

 

 

https://immigrationbriefs.com/2017/10/04/3060-day-rule-is-removed-from-fam-replaced-with-90-day-rule/

30/60 Day Rule is Removed from FAM, Replaced with 90 Day Rule

 

Point 1 of your link: This is a Department of State Rule, and, USCIS has not yet adopted it. 

 

Also, it would still be ok on day 91. So, not much of a change in the end... 

 

AOS is still a legal path.  

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Boiler
Boiler

We are talking about adjusting in country having entered with inspection.

Lemonslice
Lemonslice

Again,  the "new rule" you are talking about has not been adopted by USCIS yet.  AOS is currently a legal path, no matter what my opinion is, or yours...  

mallafri76
mallafri76

It’s this kind of attitude that creates trouble for true visitors in the first place. People coming as visitors and then adjusting status, causing trouble for all those people who wants to folllow the

Michael2017 Rising Star

Michael2017   368

Posted
Filed: F-2A Visa Country: Germany
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Posted
Just now, Lemonslice said:

 

Point 1 of your link: This is a Department of State Rule, and, USCIS has not yet adopted it. 

 

Also, it would still be ok on day 91. So, not much of a change in the end... 

 

AOS is still a legal path.  

Well Visa Waiver is 90 days, so you are advising people to become an Illegal immigrant what means a criminal that breaks the law? Wow, this form has come a long way.

Lemonslice Experienced

Lemonslice   4,955

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted
Just now, Michael2017 said:

Well Visa Waiver is 90 days, so you are advising people to become an Illegal immigrant what means a criminal that breaks the law? Wow, this form has come a long way.

Again,  the "new rule" you are talking about has not been adopted by USCIS yet.  AOS is currently a legal path, no matter what my opinion is, or yours...  

AshMarty Rising Star

AshMarty   360

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted (edited)
43 minutes ago, Michael2017 said:

Guys, policies have changed. I cant repeat myself over and over again. 2 different lawyers have recently sent newsletter stating that AOS before 90 days will cause the presumption of fraud now. It can be overcome but is very hard. All of you guys advising for AOS have not gotten to know the new policies and you will just put OP and others in big trouble. Listen to people who got info in time to warn others and do not argue with them based on outdated old information.

 

 

https://immigrationbriefs.com/2017/10/04/3060-day-rule-is-removed-from-fam-replaced-with-90-day-rule/

30/60 Day Rule is Removed from FAM, Replaced with 90 Day Rule

I saw this as well and even posted the actual government documents stating the changes in a post above (policy changes in September 26 2017), along with an articl in the law review describing about the new 90 day rule will proceed (posted by two immigration lawyers). I agree on just letting ppl be informed with the changes so they can make informed decisions in the future.    

Edited by AshMarty

01/31/17.... K1 Visa Approved

02/03/17.... K1 Visa Received in Hand

06/05/17....Arrived in the USA (LAX)

06/24/17....Married on Cape Cod <3

 

07/10/17....Sent AOS package (I-485, I-131, I-765)

07/17/17.... AOS notice date for NOA1 (I-485, I-131, I-765)

07/21/17.... Received mailed hardcopies of NOA1s

07/29/17.... Biometrics Notice received in mail 

08/01/17.... Biometrics Appointment AOS - complete (walked in)

08/07/17.... Biometrics Appointment EAD - complete (walked in)

10/23/17.... EAD/AP card delivered to house YAY!

Michael2017 Rising Star

Michael2017   368

Posted
Filed: F-2A Visa Country: Germany
 Timeline
Posted
1 minute ago, AshMarty said:

I saw this as well and even posted the actual government documents stating the changes in a post above (policy changes in September 26 2017), along with an articl in the law review describing about the new 90 day rule will proceed (posted by two immigration lawyers). I agree on just letting ppl be informed with the changes so they can make informed decisions in the future. 

Exactly. It is just a question of (short) time until USCIS will adjust the exact same rule (would not make sense otherwise) and OP would be in trouble.

But I will not post more here, as the old times dont want to believe ever something could change ....

Boiler Grand Master

Boiler   45,940

Posted
Filed: K-1 Visa Country: Wales
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Posted

The 30/60 Day non Rule has been done to death, I guess we will have now to put up with the 90 day one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Lemonslice Experienced

Lemonslice   4,955

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
53 minutes ago, Michael2017 said:

Exactly. It is just a question of (short) time until USCIS will adjust the exact same rule (would not make sense otherwise) and OP would be in trouble.

But I will not post more here, as the old times dont want to believe ever something could change ....

I have no problem with changes.  However, right now, it is only speculation since these changes are not in effect.  

TBoneTX Grand Master

TBoneTX   45,914

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP's question has been answered, and the thread has migrated to another topic.

Debate immigration policies in the proper forum and a different thread.

This thread is now closed; however, the OP may start a new thread if she has questions relevant to her own situation.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
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