Can I apply for I-485 while on F-1/STEM OPT within 90 days of returning to the US from a home country visit?
I was out of the country from Nov 2020 to start of Mar 2021. During that time I renewed my F-1 visa (in home country).
I understand there's a "90 day rule" that says that any AOS application made within the first 90 days after returning to the US may result in prior non-immigrant visa application being seen as dishonest. Potentially leading to rejection of both the GC application as well as revoking of the visa.
Does this apply in this particular situation (where the visa is one that has been had for a while, i.e. 5 years since F-1 visa)? I've heard attorney opinions both ways and would like a clearer idea. Thank you.
2 attorney answers
The issue is whether your latest F-1 admission was to return to school. If so, need not delay AOS. Unless, when renewing your F was an I-140 immigrant petition filed and not disclosed.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
There is no rule that you cannot file for adjustment within 90 days of admission to the U.S.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.