Category Archives: Immigration Law

The 30/60/90 Rule And How It Impacts Your Marriage Based Green Card

What isthe30/60/90 Rule?

When an alien enters the country on a non-immigrant visa, and intends to file for a green card through his or her spouse, he or she needs to be wary of the 30/60/90 rule.  There are several prominent nonimmigrant visas that do not allow an individual to enter the country while having the clear intention of staying permanently including the B-1/B-2, F-1, and J-1 visas.  The 30/60/90 rule is meant to prevent individuals from intentionally using these types of non-immigration visas as vehicles to enter the country in order to adjust status to permanent residency in the US.  As the rule has serious implications on the viability of an application for permanent residency, petitioners in the NY/NJ area are encouraged to consult with a local immigration lawyer. Continue reading

An Explanation of the Immigration Fraud Waiver from an Immigration Lawyer

Any foreign national that has received a visa or been admitted into the U.S. by fraud or will fulmis representation is inadmissible and will need a 212(i) waiver for reentry or adjustment of status.  Applying for the 212(i) waiver is complicated and requires an understanding of immigration law and procedure.  It is important to consult with a waiver lawyer to determine if you have a viable waiver case.

What are some examples of fraud or misrepresentation?

The following is a non-exhaustive list of some common types of immigration fraud:

  •  Using another person’s passport to enter the U.S.
  • Providing false information to a government official in an immigration interview
  •  Providing false information on an immigration application form.  Continue reading