Preconceived Intent and Misrepresentation

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding changes of the 30/60/90 day policy regarding preconceived intent and misrepresentation.    

Rules for Topic of the Week Threads:

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 4. Please do not provide information which would identify any specific company, university or individual.

[rehankhader]

Can a girl on a B2 visa marry a boy on H1B visa after 90days? Is there a benefit to get married after 120 days?

[Attorney_22]

On 9/22/2017 at 1:09 AM, rehankhader said:

Can a girl on a B2 visa marry a boy on H1B visa after 90days? Is there a benefit to get married after 120 days?

This is a fact-specific question and will vary based on your circumstances. Therefore, it is best you speak directly with a qualified U.S. immigration attorney to discuss your risks and options. 

[jlaw888]

Hi Attorney_22:

How do you think the 30/60/90 day policy change is going to affect applicant of pending adjustment of status using parole back to U.S. (for instance, previously entered with B1/B2 and then married to USC or apply adjustment of status based on other immediate relative categories within 90 days)? 

Also, do you see the policy change might have any effect on already issued 10-year B1/B2 U.S. Visa, since these Visa holders don't need to be interviewed again at consulate office?

[Attorney_22]

19 hours ago, jlaw888 said:

Hi Attorney_22:

How do you think the 30/60/90 day policy change is going to affect applicant of pending adjustment of status using parole back to U.S. (for instance, previously entered with B1/B2 and then married to USC or apply adjustment of status based on other immediate relative categories within 90 days)? 

Also, do you see the policy change might have any effect on already issued 10-year B1/B2 U.S. Visa, since these Visa holders don't need to be interviewed again at consulate office?

This change increases the scrutiny of petitions/applications requesting a change or adjustment of status. Accordingly, it is very important to clearly document changes in circumstances after entry that may help to protect individuals against findings of preconceived intent/misrepresentation/fraud. However, in regards to personal circumstances, it is advisable to speak directly with a knowledgeable U.S. immigration attorney.