Need help with Family based I-485

A

Aneel Rijhwani

Registered Users (C)
I wanted to file I-130 as well as I-485 for my father; but some one told me that he has to wait at 60 days before filling the petition. He is on Visitor visa. Any help will be greatly appreciated.
Thanks,
Aneel.
 
He has to wait 60 days before

filing to change his visitor visa into something else or even for extending. Some lawyers are not comfortable with even 60 days.

INS has said that anybody who applies to change or extend the visa within 30 days has definite intent to commit fraud. A Change of status request within 60 days is seen as a suspect too (A little better than definite, but still bad).
Remember you did not that he is going to immigrate when visitor visa was applied for.
 
Isn\'t AOS different from change of status? In this case it is AOS.Does 60 days rule apply here too?

 
 
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