Police Clearance Certificate; Fam 30/60 rule immigration law
Marriage with the US native requires an immigrant to change his/her status. In case, you stay inattentive to this mandatory requirement, you can lose the right to visit across America. Your visa would be canceled and deportation would be initialized by the USCIS, the immigration authority of the most powerful economy America.
Suppose an expat from India travelled there on student visa. He met a girl and tied knot with her in . Unfortunately, the severe health issue of his dad brought him back. When he was re-entering the US territory, the immigration authority barred him to enter until changing his status.
However, this incident sounds simple. But the spouse had to stay separate until completion of all formalities. And eventually, the USCIS official grew suspicious over the hidden intentions behind the marriage. The authority began probing to catch the real intentions.
What is 30/60 day rule?
Every visa is formed with the specific intention. If a person intends to study abroad, there is student visa for him. Likewise, tourist visa, marriage visa, business visa and many more kinds of visas are particularly framed for meeting an intention. And the prospective expat is supposed to fulfill that particular intention only.
But sometimes, the expat goes against the intentions. Rather than touring on tourist visa, let’s say, he/she solemnizes marriage with the foreign native. It would be a clash of intentions which give the US immigration authority a clue to summon that one for probing. It comes under a fraud. The authority will conclude it a preconceived plan to marry for acquiring citizenship of the US.
The authority holds every right to deport the person and seize every possibility of getting any other visa or green card again. There are some genuine reasons as well. Sometimes chemistry matches in a short fragment of time. Finally, the pair gets married on a very short notice. In such genuine cases, the authority goes liberal. It may give a chance for debate and proving the fact with genuine proofs. This is what 30/60 day rule counters.
What can reject your applications for change of status in US?
·If application for the change in status is filed in 30 days: The occurrence of marriage within 30 days lets the authority speculate that the expat had wrongly presented intentions during visa processing. The officers find such a quick change in the intentions as a matter of fraud. Meeting, start loving and eventually, getting married within just 30 days-how is it possible. The marriage was not preplanned and even, the period of courtship was not too long. All these logics compel them to point a finger at the expat. And if he/she files an application for the green card within such a short duration, the chances would be more than 90% that his/her application would be rejected. It would be like walking on the thin ice.
At this crucial stage, if the foreign spouse showcases single status certificate and police clearance certificate, the officers can assume it as the presumed intention. And the application would be rejected.
·If application for the change in status is filed in 60 days: If the foreign bride or groom waits for 60 days at least, the official will not presume misinterpretation of intentions. But the burden will not shift. It would stay still. FAM 30/60 rule immigration law clearly states that it would be a clue for reasonable belief. The applicant who has applied for change of status must provide all proofs to convince them.
·If application for the change in status is filed after 60 days: In this case, the burden will be shifted to the government. The authority will hear and go through the evidences. Eventually, it will change the status of the expat.
What will happen if the application to change the status is rejected?
The reasons of rejection of application are already mentioned above in deep. But there can be other causes as well, like heath disorder, criminal history or previous sanctions.
If that status is rejected, the procedure for the deportation would be initiated. Or, the spouse can seek immigration visa also from the consulate office in the foreign country.