90 Day Rule and Adjustment of Status | Sverdloff Law Group | Chicago Immigration Lawyer (2024)

FAQs

Does the 90-day rule apply to adjustment of status? ›

The goal of the 90-day rule is to reduce the exploitation of temporary visas and conditional green cards. This rule directly affects individuals who have a nonimmigrant visa and then apply for a change or adjustment of status. USCIS looks for a variety of activities to indicate that an individual misrepresented intent.

A lawyer may be able to help you determine what the average wait time is for green card processing in your category. Additionally, they can help identify potential reasons for submitting an expedite request that may successfully accelerate the green card process.

The 90-day rule states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions.

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).

Your total stay in the Schengen area must be no more than 90 days in every 180 days. It does not matter how many countries you visit. The 180-day period keeps 'rolling'.

An immigration lawyer cannot magically speed up your applications process once it has been submitted, however by hiring an immigration lawyer you can greatly decrease your chances of unnecessary delays caused by mistakes in your application.

While an immigration attorney cannot per say “speed up” your case, the immigration attorney is knowledgeable in immigration law and will know the best strategy and options for your case.

An immigration lawyer will help you understand all the requirements and ensure that you meet all of them before embarking on the visa application process. Besides, the attorney will also ensure that you correctly fill out the visa application forms and give you all the necessary information.

Visitors traveling to the United States are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States.

Can you get a green card in 2 months? ›

Introduction. Immigrants who are approved for a green card before traveling to the United States should receive their green card in the mail within 30 – 90 days of entering the country. USCIS has up to 120 days to mail the green card, but it's pretty rare to see a case that takes longer than 90 days.

It's a simple rule, but applicants who get it wrong could find their green card applications denied and their current visas revoked. They could also find it hard to obtain U.S. visas in future. That means it's vital to understand how USCIS applies the 90-day rule.

The 180 days are counted backwards from your latest entry or exit date. This means it's counted from the first day you entered (if you have not left yet) or the final day you visited the Schengen Area (the date of exit).

When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485, instead of USCIS. A judge may not evaluate an adjustment of status application in the same way that USCIS would evaluate it under normal circ*mstances.

Yes, the reality is once served a Notice To Appear at immigration court, the odds of winning are far less than 50-50. But that does not mean you cannot be one of the fortunate ones. Significant differences may exist between your case and the ones you heard about on the news.

Yes. If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case. Bear in mind that this decision can be positive or negative.

When processing an individual's immigration, it is never a good idea to do things alone, especially in critical cases like filing a petition for family members. So it's highly recommended to hire a lawyer from the filing of Form I-130 to the application for a Green Card.

Expedited processing for Form I-485

Premium processing is not available for Form I-485, but you may be able to request expedited processing through the USCIS Contact Center.

If you want to change your selection after we have already approved the form, you may need to file Form I-824, Application for Action on an Approved Application or Petition. You must file a separate Form I-130 for each eligible relative, unless they can be considered a derivative beneficiary.

How much does a US immigration lawyer cost? ›

Hourly Ranges

For a basic consultation, the cost usually ranges from $75 to $150. For general immigration help, the hourly rate is often between $150 and $300. If you are seeking help filling out and filing forms, the average total cost is between $250 to $800.

Call 800-528-4044 day or night and on the weekends to schedule your FREE consultation. Call now for a FREE consultation with an Immigration Lawyer and find out how you can live and work legally in the United States.

To help you find an authorized legal representative, the American Bar Association provides information about finding an attorney in your state. The DOJ also provides a list of attorneys who provide immigration services either for free or for little cost.

The new immigration registry bill would replace the 1972 cutoff date with a rolling eligibility, allowing individuals to apply for registry after living continuously in the United States for at least seven years and meeting certain admissibility requirements.

Our bill will provide them with a pathway toward citizenship allowing roughly eight million immigrants who have been residing in the U.S. for at least seven years, a chance to obtain their green cards through registry.

In September of 2017, the United States enacted a 90-day marriage rule, which makes it risky for immigrants to marry U.S. nationals within 90 days of their entry to the United States. Your browser can't play this video.

While there are many ways to obtain a green card, some paths are quicker than others. The quickest route to a green card is through the annual green card lottery, but your chances of winning are slim (about 4% according to recent estimates).

AOS Marriage Green Card Timeline

The current processing times for adjustment of status after marriage are 12.5–22.5 months for the spouse of a U.S. citizen and 12.5–22.5 months for the spouse of a U.S. green card holder.

Your I-485 processing time can take anywhere from 12 to 22 months after filing Form I-485, Application to Adjust Status, and related forms. The type of application will also be an indicator of how long the process will take. It may be shorter for some and longer for others.

The top 3 government offices handling citizenship applications most efficiently are in Cleveland, Ohio; Providence, Rhode Island; and Raleigh, North Carolina. The worst 3 government offices handling citizenship applications least efficiently are in St. Paul, Minnesota; Miami, Florida; and Houston, Texas.

Which US state is best for immigrants? ›

If you entered the U.S. unlawfully, have prior immigration violations, failed to attend removal proceedings, or otherwise abused the U.S. immigration process, you may be ineligible for a green card.

The USCIS doesn't set a time limit for you to file your AOS. However, there are many good reasons to file your AOS as soon as possible. You will not be able to work until you have your green card or Employment Authorization Document (EAD). Additionally, the medical exam you had for your K visa will expire in 12 months.

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.

The grace period is the time through which the foreign student may make preparations to leave the United States to return to their home country or to apply for a transfer to another institution, a change of status, a change of status to another non-immigrant status, or an adjustment of status.

IMPORTANT: You cannot travel outside the U.S. until your travel permit has been approved. USCIS will deny your adjustment of status application if you travel abroad without an approved travel permit.

Generally, foreign nationals must be in a lawful status in order to adjust status. Depending on the basis on the I-485 application, USCIS may deny the application if the intending immigrant overstays a visa or never had a lawful status.

The current wait time for Form I-130 is 12.4 months. Form I-485 (“Application for Adjustment of Status”): Family-based green card applications (in other words, immediate relatives or spouses of a U.S. citizen) for applicants filing from within the United States average 11.7 months.

If you'd like to adjust your status based on employment-based reasons, the processing time in 2023 is 10.1 months.

If the F-1 student applies for an I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he will become a permanent resident of the U.S.

Can I work while I-485 is pending? ›

If you currently live in the United States and want to work for a U.S. employer while your family-based green card application (Form I-485) is pending, you will need a work permit first. You may not apply for a work permit if you live abroad.

There are no restrictions on domestic travel before Form I-485 is approved. However, travel abroad can affect your pending application and your immigration status. Always check with your transportation carrier to ensure you bring the appropriate identification.

Unauthorized Employment, Unlawful Status or Failure to Maintain Status: Aliens who have engaged in unauthorized employment, or who were not in lawful status at the time of filing the adjustment application, or who have failed to continuously maintain status for even a single day since their entry into the United States ...

Summary of the Fee Change:

Online I-130 and I-485 equal a cost of $2250. Online I-130, I-485, and I-131 equal a cost of $2880. Online I-130, I-485, I-765, and I-131 equal a cost of $3530. *Note: the changes are not yet final and USCIS can adjust the fees slightly up or down at any time.

Can I Work During the Adjustment of Status Process? Yes, you can work in the United States while your adjustment of status application is pending if you have a valid Employment Authorization Document (EAD). You can't work in the United States without an EAD.

Generally speaking, to be able to travel abroad while waiting on the pending I-485, you need to get an Advance Parole document issued by the USCIS. You will receive an I-512 L (Authorization for Parole of an Alien into the United States) if approved.

Adjustment of Status

If you filed an Application to Register Permanent Residence or Adjust Status (Form I-485) because you were already in the United States, the location will be the “City, State” of the USCIS office where you filed. Usually this is the service center that processed your I-485 application.

If the denial notice was received in the mail, you will have 3 extra days for a total of 33 days from the date of denial to file a motion. Usually, the I-290B is decided within 2 months, and if approved the I-765 and I-131 are reinstated.