Visa fraud issue I-485

1

Hello, everyone,

My wife submitted the I-539 form on June 30th 2022 for the extension of her F-2 status. I am wondering, should it create a visa fraud issue due to 90 days bar, if we submit the I-485 next week?

We are processing, I-485 by a law firm and they told me that it should not be an issue, because this 90 day bar is applicable for re-entry only, however, just checking if anyone has any second thought.

Thanks

2

If your immigration attorney is ok, you dont need to worry. Generally speaking non-immigrant ( except dual intent like H1B/L1) should avoid filing for immigrant petition within 90 days of entering the US. However there could be situations where one can do it and justify.
Just trust your immigration lawyer or make sure you provide all details ( for e.g. the basis of filing I-485 has not been provided here).
Also note that your immigration lawyer is much more qualified than forum members or moderators so if you need a second opinion, you can consult another lawyer instead.
Hope this helps.