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Understanding the 90-Day Rule and How It Affects Adjustment of Status. Under the 90-day rule, theres a presumption of misrepresentation (fraud) if a person violates their nonimmigrant status or engages in conduct inconsistent with that status within 90 days of entry.
How Long Does it Take to Get an EB-2 NIW? For Form I-140, the processing time can take anywhere from 10.5 to 26.5 months, depending on where the applicant is filing from.
Estimated processing time with the USCIS is approximately 12 months. However, longer processing times are possible. After the USCIS receives your application, it will mail you a Form I-797 Notice of Receipt with your assigned case number.
Once your petition has been filed, USCIS must grant it. The timeline for this can vary between several months to well over a year, depending on your individual circumstances. Once USCIS grants your petition, you can check for up-to-date visa availability for your green card category.
Option two: Apply to USCIS The second option is to apply to the US Citizenship and Immigration Service (USCIS) while youre in the US. You can stay in the US while you wait for your application to be processed, as long as you file it on time. Your current visa must be valid when USCIS receives your application.
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