What is preconceived intent?

Posted at 08:09h in by Michael J. Gurfinkel, Esq. “Preconceived intent” typically involves a person who enters the U.S. on a visitor’s visa and immediately begins working or takes steps to permanently reside in the U.S., by marrying a U.S. citizen, etc.

What is an immediate relative for USCIS?

You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

What is immediate relative petition?

U.S. immigration law provides for “immediate relative” categories through which U.S. citizens may file immigrant petitions on behalf of their spouse, unmarried children under age 21; or parents. The purpose of the family preference petition is to foster family unity for U.S. citizens.

Are immediate relatives exempt from 90 day rule?

Exceptions to the 90-Day Rule The 90-day rule is used for every applicant who wants to change or adjust their status. Immediate relatives of citizens of the United States are exempt from misrepresentation for the first 30 to 60 days.

What is the quickest way to get a US green card?

The simplest way to get a Green Card is through the Green Card Lottery. The U.S. Department of State gives away 55,000 Green Cards through the Diversity Visa Program every year.

Who qualifies for an immediate relative for immigration?

Immediate relatives have special immigration priority and there is no limit on the number of visas for the immediate relatives. Immediate relatives of a U.S. citizen are Spouse, Unmarried child under the age of 21 and Parent (if the U.S. citizen is over the age of 21).

Who qualifies as an immediate family member?

For purposes of subdivision (d) of Labor Code Section 2066, “immediate family member” means spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister.

Are cousins immediate relatives?

Definition and Examples of Immediate Family Members of a person’s immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further.

How long does it take for an immediate relative to get a green card?

Green cards for parents of U.S. citizens For parents of U.S. citizens, the process usually takes 10-13 months. Like for spouses of U.S. citizens, there is no limit on the number of green cards. Therefore, you can generally get a green card based on your parent relationship within one year.

How do you avoid the 90 day rule?

In other words, staying more than 90 days on one stay, then leaving the country and returning, resets the “90-day clock.” To avoid breaking the 90-day rule, an applicant must wait 90 days since their most recent entry to the United States before marrying or seeking to adjust their status..

Can a person have preconceived intent to enter the US?

However, as a general rule, a person cannot have preconceived intent to enter the U.S. for a purpose different from that permitted under his/her non-immigrant visa.

Are immediate relatives of United States citizens eligible for immigration benefits?

Immediate relatives of United States citizens are afforded certain advantages under immigration law.

Who are immediate relatives under the 30/60 day rule?

Immediate relatives are a U.S. citizen’s parents, spouse, and/or unmarried children under the age of 21. According to the Matter of Battista and the Matter of Cavazos, immediate relatives of United States citizens who wish to apply for a change of status or adjustment of status are exempt from being subjected to the 30/60 day rule.

What is “non-immigrant intent”?

Therefore, in order for the non-immigrant visa application to be adjudicated, the applicant bears the burden of having to prove “non-immigrant intent:” that he/she: has no immediate intention of abandoning that residence, and intends to depart the U.S. upon the termination of the visa.