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Public Charge Rule, 90 day rule: Impact on Parent AOS

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  • Public Charge Rule, 90 day rule: Impact on Parent AOS

    I am looking to apply for my mother's green card (She is on a visitor visa)

    a) Is it important to wait for 90 days and then apply for her AOS?
    b) She landed in US in first week of Nov and then in first week of Dec we went to Cancun and came back in. Her I-94 was extended until May (6 months from first week of Nov, not Dec)


    I hear that any application applied before Feb 24 will not be burdened with the new Public Charge rule requirements.

    My mother is 67 years old, does not have any major health issues, has been to US for more than 7-8 times, never overstayed, always took her insurance and we are well off, with considerable savings and investments. We are far above the poverty thresholds.

    My two questions -
    1. do we get impacted by 90 day rule? If yes, do we count 90 days from first week of Nov or first week of Dec?
    2. do we need to worry about the Public charge rule implications?

  • #2
    1. Count 90 days from 1st week of December.
    2. You don't have to worry about the public charge rule implications

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