Am I exempt from misrepresentation for the 90-day rule if I have two daughters under 21 from a previous marriage? Both are U.S. citizens. I am applying for AOS based on the I-526 pending petition.
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no exemption from visa fraud based on having U.S. citizen children. While one can file a waiver based on extreme hardship to a U.S. citizen parent or spouse if visa fraud, having U.S. citizen children does not even provide a basis to apply.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 90-day rule has been off the books for a while but USCIS can only determine that you intended to AOS when you entered on a nonimmigrant status. Would need to show change on intent after entry. Safest to wait 60 days at least after entry unless clear change in intent argument.
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