urgent:TN I-485 Without 30 days Residency fraud

B

bbajwa

New Member
Hi,
I am on TN visa which is going to expire on april 30, 2008. I am daily commuting from windsor canada to detroit usa. Me and my family (wife and two kids) wants to move USA and apply for I-485. my laywer told me, i can not apply because i need at least 30 days residency in USA, Otherwise they will consider it immigration Fraud because TN do not have dual intent:

Please clarify, how far this attorney is true, i was talking with her from two month, she does not told me this rule before, suddenly she came up with this rule.
 
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The is a principal that you should not enter on TN (or any other status, other than H or L) and then immediately thereafter apply for I-485, as this calls into question the legitimacy of your last entry, and thus your legal position to file I-485.

Some say 30 days, some 45, some 60.

In any event, the advice your lawyer is giving you is following that principle. Others do not adhere to it. I have not heard of anyone having their I-485 rejected on that basis however.
 
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