Initial Interview question

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gautash

Registered Users (C)
I filed for my parents I-130 and I-485 concurrently in late Nov 2007. My parents are here on visitor visa and entered the country in late September. Their I-765 and I-131 was approved in the last week.

Their initial interview is in April. My concern is that I applied for their green card prior to them completing 60 days in the US. I was unaware of the 30-60-90 day rule and am now concerned that it could impact the case. My parents had no intention of applying for their green card this year while they were here since my citizenship was still under process. They even have return tickets to go back home. I got the citizenship much sooner than expected and hence decided to apply for them while they were here.

I wanted to check and see what you all thought about this. Could this be the reason for the interview? What suggestions can I follow if this comes up during the interview? Please help.
 
30-60-90 rule ??

gautash said:
I filed for my parents I-130 and I-485 concurrently in late Nov 2007. My parents are here on visitor visa and entered the country in late September. Their I-765 and I-131 was approved in the last week.

Their initial interview is in April. My concern is that I applied for their green card prior to them completing 60 days in the US. I was unaware of the 30-60-90 day rule and am now concerned that it could impact the case. My parents had no intention of applying for their green card this year while they were here since my citizenship was still under process. They even have return tickets to go back home. I got the citizenship much sooner than expected and hence decided to apply for them while they were here.

I wanted to check and see what you all thought about this. Could this be the reason for the interview? What suggestions can I follow if this comes up during the interview? Please help.
Click to expand...

I don't see any issues with your parents being here and that initial interview call you had mentioned. If you think about it, your parents already had their visitors visa from few yrs back. If they weren't asked anything at by the IO at the POE, I don't see a problem there. If u think about it, it's not that they lied.
On the other hand, I am new to this 30-60-90 rule. Could you or anybody here on this forum tell me what that means ?
Thank you.
 
Thank you for you reply PraetorianXI.

My parents were going to spend 6 months with us in the US and then head back home. When they got back I was going to apply for their green cards. However, since my citizenship was approved early we decided to apply while they were here so that we did not lose 4-5 months. Had we waited until they got back, the process would have been delayed by 4 months atleast.

Had I known the 30-60-90 day rule, I would have waited until they got back.
 
Knock Knock

gautash said:
Thank you for you reply PraetorianXI.

My parents were going to spend 6 months with us in the US and then head back home. When they got back I was going to apply for their green cards. However, since my citizenship was approved early we decided to apply while they were here so that we did not lose 4-5 months. Had we waited until they got back, the process would have been delayed by 4 months atleast.

Had I known the 30-60-90 day rule, I would have waited until they got back.
Click to expand...

Still waiting to hear what this 30-60-90 rule is all about.
 
I picked this up from an earlier posting on another forum

Suppose someone enters on a B-2 visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
__________________
 
gautash said:
I picked this up from an earlier posting on another forum

Suppose someone enters on a B-2 visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
__________________
Click to expand...

Good information.

Thank you gautash.
 
gautash said:
I picked this up from an earlier posting on another forum

Suppose someone enters on a B-2 visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
__________________
Click to expand...

Credits to Triple Citizen. ;)
 
gautash, well it looks to me that you should gather some evidence surrounding their intent when they entered.

I don't think your earlier citizenship will affect this either way because you'll probably have a hard time to prove when exactly you expected to become a citizen and what your course of action would have been if you had obtained citizenship later (some people extend their stay here or even overstay until their petitioner becomes eligible!).

Your better evidence is probably one proving "closer ties to another country." Obviously, return tickets are good. Also, if your parents have family there that they expected to return to, or a job that they didn't give up, or property that they didn't sell, it would make for good proof.
 
Thanks for your reply, austriacus.

I can certainly show the return tickets and also show proof that they still own property back home. My parents are both retired so the job thing won't apply.

In your experience, how common is it for the USCIS to bring this up?
 
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