The 90-day rule is a guideline used primarily in U.S. immigration processes to determine whether a visa applicant has misrepresented their intentions upon entering the country. This rule is crucial for individuals on nonimmigrant visas who wish to change their status or apply for a green card.
What is the 90-Day Rule in Immigration?
The 90-day rule is applied by U.S. Citizenship and Immigration Services (USCIS) to assess whether a visa holder’s actions shortly after entering the U.S. are consistent with the visa’s intended purpose. If a person engages in activities that contradict their visa status within 90 days of entry, such as marrying a U.S. citizen or applying for a different visa status, it might be presumed they misrepresented their initial intentions.
Why is the 90-Day Rule Important?
Understanding the 90-day rule is essential for nonimmigrant visa holders to avoid potential visa fraud allegations. Violating this rule can lead to severe consequences, including visa denial, deportation, or a ban on entering the U.S. in the future.
How Does the 90-Day Rule Affect Visa Holders?
The 90-day rule affects various visa categories, such as tourist visas (B-1/B-2) and student visas (F-1), by imposing a presumption of fraud if the visa holder:
- Marries a U.S. citizen or lawful permanent resident and applies for adjustment of status.
- Engages in unauthorized employment.
- Enrolls in a course of study without proper authorization.
If these actions occur within 90 days of entry, USCIS may presume that the individual misrepresented their intentions, leading to potential immigration issues.
Examples of the 90-Day Rule in Action
Consider a tourist visa holder who enters the U.S. and marries a U.S. citizen within 60 days. If they then apply for a green card, USCIS might suspect that the marriage was planned before entry, violating the 90-day rule. Conversely, if the marriage and application occur after 90 days, the presumption of misrepresentation is weaker.
What Happens if You Violate the 90-Day Rule?
If USCIS presumes a violation of the 90-day rule, the burden of proof shifts to the applicant to demonstrate that they did not intend to deceive immigration officials. This process can be complex and often requires legal assistance to resolve.
How to Avoid Issues with the 90-Day Rule
To avoid complications with the 90-day rule, visa holders should:
- Plan activities: Ensure all actions align with the visa’s purpose.
- Consult legal advice: Seek guidance from an immigration attorney before making significant changes in status.
- Maintain records: Keep documentation that supports your intentions and activities.
People Also Ask
What Happens After 90 Days on a Visa?
After 90 days, the presumption of misrepresentation under the 90-day rule weakens, but visa holders should still ensure their activities align with their visa type to avoid issues.
Can I Change My Visa Status After 90 Days?
Yes, changing visa status after 90 days is generally less scrutinized, but applicants must still demonstrate compliance with immigration laws and provide a legitimate reason for the change.
Is the 90-Day Rule the Same as the 90-Day Fiancé Visa?
No, the 90-day rule is different from the 90-day fiancé visa (K-1 visa), which allows a foreign fiancé to enter the U.S. and marry a U.S. citizen within 90 days.
Does the 90-Day Rule Apply to All Visas?
Primarily, the 90-day rule applies to nonimmigrant visas where the holder might seek to adjust status, such as tourist or student visas. It does not apply to every visa type.
How Can I Prove My Intentions Were Genuine?
To prove genuine intentions, visa holders should provide evidence such as travel itineraries, employment letters, or affidavits from credible sources supporting their original purpose of entry.
Conclusion
Understanding the 90-day rule is vital for nonimmigrant visa holders in the U.S. to ensure compliance with immigration laws and avoid potential legal issues. By planning activities carefully and seeking legal advice when necessary, individuals can navigate the complexities of U.S. immigration more effectively. For further guidance, consider consulting an immigration attorney to explore your specific situation and options.
