Dear friends,
has anyone here come across the stipulation that you cannot do AOS if you just got / renewed your non-immigrant visa?
I read that if you do AOS within 30-60 days after entering with new visa, you risk getting rejected.
IT IS BAD FAITH TO TRY TO CHANGE YOUR VISA CATEGORY DURING FIRST 60 DAYS IN THE U.S.
For example, if a person applies for admission into a school or for a change in nonimmigrant or immigrant status within 30 days of entry as a tourist, they are presumed to have acted in bad faith. According to INA 214(b), every foreign national who files paperwork to change to a different visa category or to stay in the U.S. permanently within the first 30 days after arriving in the U.S. is presumed to be trying to avoid longer procedures. That is, they are assumed to have had the preconceived intent to make the change before they even arrived in the U.S. and therefore they obtained or used one visa in order to evade the normal screening process abroad for the nonimmigrant or immigrant visa they really wanted.
3
CAN GENERALLY WISH TO REMAIN IN U.S., BUT NOT HAVE A "FIXED INTENT"
If the application for AOS occurs between 31 and 60 days after entry, no presumption of bad faith is made, but there is a strong suspicion that the person may have acted in bad faith. That case will be scrutinized carefully. A foreign national is allowed to have a general desire to remain in the U.S. (Matter of Hosseinpour, 15 I&N Dec.191 (BIA 1975)) but a fixed intent to remain in the U.S. is prohibited (Lauvik v. INS, 910 F.2d 658, at 660 (9th Cir. 1990)). It is up to any AOS applicant to show they had no preconceived intent to apply for permanent residence, pursuant to INA 214(b), because preconceived intent is a potential basis for discretionary denial of AOS (Von Pervieux v. INS, 572 F.2d 114,118 (3d Cir. 1978)).
Source avvo legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent