90 Day rule


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Posted

if applicant enter USA on B1B2 then petitioner should wait for 90 days before he file I-130 for applicant ?
Or this 90 day rule is only for those who file 130 and 485 together?
I want to file GC for my father. We will not do 485, we will do counselor processing. My father visiting me here in USA on visitor visa and I want to initiate the process. Do I need to wait 90 days before I file I-130.

Posted

The 90 day rule does not apply when filing an I-130 petition for consular processing. If asked by an immigration official during future travel, your father must disclose that an I-130 petition was filed on his behalf, though he should specify that the petition is for consular processing.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/

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