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Preconceived intent rule and extension of status in US

Business 3 views 2 answers
I read about the recent 30/60/90 day presumption of misrepresentation (preconceived intent) rule and would like to know if this applies to my situation. I have been in the US on E2 (investor - I have a business) in the last 2 years and recently applied for extension which has been pending for over a month now. I submitted the extension before the expiration of my E2 a month ago. My 30-yr old child just became a US citizen so I had a change of plan and now would like to apply for a green card. If my child petitions me and I file for adjustment of status now, will the 30/60/90 rule apply to me since E2 is nonimmigrant and I applied for extension less than 60 days ago? Or does the 30/60 rule apply only to those that just entered the US?

Attorney Answers

2
Donald Smith ·
A US citizen child cannot sponsor a parent. The US Citizen 21 year old adult may sponsor a parent.
0 upvotes
Naoki Sekiya ·
"30/60 Rule" is the rule State Department created to assess immigrant intent of those seeking visas at US the Embassy/Consulate. See: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html. It's not USCIS' rule. Since E2 investors could renew their status semi-permanently as long as their assets are invested in the US, USCIS wouldn't be picky about switching the plan.
0 upvotes

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