speedyGonzales
Registered Users (C)
They've had the B2 visa for a while and came to visit USC children. Does the 30-60-90 day rule apply for them?
Yes. Note that everything is also at the discretion of the immigration officer.
The immigrations officers business is to think otherwise. Your logic will not work here. If you have been through the irrational immigration ringer before yourself, you would know what I am talking about.
Good luck either way.
Often, when an immediate relative enters the United States as a nonimmigrant, and then applies for adjustment of status, questions arise as to the issue of "preconceived intent." Normally when a nonimmigrant enters with the preconceived intent to adjust status, the immigration service will deny the application for adjustment of status as a matter of discretion. There is, however, a precedent decision, Matter of Cavazos, which holds:
"Where a finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent's application for adjustment of status as the beneficiary of an approved immediate relative visa petition and no additional adverse matters are apparent in the record, and where significant equities are presented by the respondent's United States citizen wife and child, a grant of adjustment of status is warranted as a matter of discretion."
As a practical matter, "preconceived intent" is never a factor in immediate relative adjustment of status applications.