Category: Asylum

What is the 30-60-90 day rule for immigration (USCIS)?

After an interesting debate this week, between immigration attorneys on Facebook, I’ve learned that I am a lot more risk-averse than others.

This stems from a question an attorney posted, asking whether it is a good idea to file for Adjustment of Status (Permanent Residence) for parents of a US citizen who arrived in the US as visitors. The problem is not the filing, but the timing of the filing. These clients wanted to file a week after their arrival in the US.

The issue here is whether a USCIS officer deciding their case will assume they had “Immigrant Intent” when they came in as “Visitors”, and whether the officer can charge them with “fraud or misrepresentation”.

For the last 15 years of practice, I have always abided by “30/60/90 day rule”. In essence, we don’t file any Permanent Residence applications within 90 days of a visitor’s arrival in the US, unless there is a VERY good reason, ex. expiring status. This is what most immigration attorneys did.

If a USCIS officer finds “Fraud or Misrepresentation”, the person applying could be permanently barred from entering the US again.

Why risk a finding like this? Why not wait? Why try to fight USCIS, when you could have just waited a few weeks? I believe you are doing clients a disservice when you don’t advise them to wait. Isn’t that our job as attorneys, to give the best advice?

Many of those arguing for not waiting the 90 days cite a case “Matter of Cavazos” from 1980, where the BIA decided that notwithstanding preconceived intent, adjustment of status should ordinarily be granted for immediate relatives absent other negative factors.

While this is true, a USCIS officer could find other “negative factors” when they grill your client at their interview.

My advice to young immigration attorneys out there, wait the 90 days, and don’t get pushed around by eager clients. If they don’t want to wait, and you still take on the case, make it clear in your agreements that they have been advised of the risk, and that you are not responsible if it all goes wrong.

Alo Legal opens office in Canton, Michigan

Alo Legal Launches Michigan Location

For over a decade we have been serving immigration clients in Michigan. Due to overwhelming demand, we are proud to announce our newest office location in Canton, MI.     

This new location will allow us to serve our Michigan clients more efficiently, and provide better, fast and more personal service.        

We look forward to welcoming you in our new location.

Call or visit our website today to schedule a consultation.

Call: (734) 215-5242

Consultation: https://alo-legal-llc.square.site/

Ammar Alo, Three best Rated Immigration lawyer

Ammar Alo, ranked Top 3 immigration Attorney

https://threebestrated.com/immigration-lawyers-in-toledo-oh

Since 2017, Attorney Ammar Alo, founder of Alo Legal LLC, has been ranked in the Top Three for Immigration Attorneys in Toledo, OH. This ranking is conducted every year by ThreeBestRated.com

Attorney Alo posted on his Facebook page:

“We are happy to announce that for the 9th year in a row, ALO LEGAL has been rated one of the Three Best immigration law firms in the Toledo area.

We thank our clients for continuing to trust us in helping to re-unite their families.”

https://www.facebook.com/ammar.alo.56

https://www.facebook.com/AloLegal

USCIS announces new Affirmative Asylum priorities

On January 29th, 2018, USCIS announced their new priorities for scheduling Affirmative Asylum interviews.

According to the announcement, “USCIS will now schedule asylum interviews in the following order of priority:

  • First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
  • Second priority: Applications that have been pending 21 days or less.
  • Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings”

Unfortunately, this means that those who have been waiting years for their interviews will need to wait longer. We pray that USCIS can hire more officers and adjudicate these applications quickly. Being stuck in limbo wreaks havoc on families.