What Is the 90-Day Rule for US Visas? A Complete Guide

Introduction: Understanding the 90-Day Rule

The 90-day rule is a significant policy applied by USCIS (United States Citizenship and Immigration Services) and the Department of State (DOS) to decide if holders of non-immigrant visas misrepresented their purpose upon entry into the US. The rule is mostly applied to applicants for adjustment of status from a temporary visa (such as a tourist visa) to permanent residence (green card).

According to this provision, if the visa holder participates in activities contradictory to the stated intent—i.e., employment without authorization, education without an appropriate visa, or marriage to a US citizen and application for adjustment of status within 90 days—USCIS will have grounds for presumed fraudulent intent. This could result in the denial of a visa, the revocation of an existing one, or a complete ban from the US.

Regardless if you’re a B1/B2 visa holder, a K1 fiancé(e) visa petitioner, or an individual wanting to apply for a green card, having knowledge of the 90-day rule adjustment of status is important to prevent serious immigration penalties.

How the 90-Day Rule Applies

The 90-day rule USCIS mainly affects non-immigrant visa holders who wish to convert their status later. Here’s how it operates:

1. The First 90 Days Are Crucial

When a foreigner comes to the US on a temporary visa, all that he does during the initial 90 days is closely watched. If he does something that indicates he always planned to immigrate, then it might qualify as misrepresentation.

2. Acts That Breach the Rule

If you do any of the following during the first 90 days, USCIS might infer that you had preconceived immigrant intent:

• Requesting a Green Card Too Early – If you get married to a US citizen and request 90-day rule green card adjustment of status within 90 days, it is suspicious.
• Unauthorized Work – Non-immigrant visa recipients, including B1/B2 visa recipients, are not permitted to work in the US.
• School Enrollment Without a Student Visa – When you visit the US on a tourist visa and begin studying without a status change, it’s a violation.
• Changing Visa Category Unjustifiably – When you visit the US on a tourist visa but promptly move to a work or student visa, it will be questioned.

3. The 90-Day Rule Violation Consequences

• Denial of green card application on grounds of suspected fraud.
• Your visa could be canceled, and you won’t be able to re-enter the US.
• You could be excluded from returning to the US for life under INA Section 212(a)(6)(C)(i) for fraud.

Knowing these dangers can prevent visa holders from making accidental mistakes and remain by US immigration law.

Differences Between the 90-Day Rule and the Old 30/60-Day Rule

Before September 2017, USCIS used a 30/60-day rule to determine immigrant intent. It was, however, substituted by the USCIS 90-day rule to ensure uniformity and strictness in the determination.

Old 30/60-Day Rule vs. New 90-Day Rule

Rule Green Card Application Within Timeframe Assumption of Fraud

30-Day Rule: 30 days from entry Strong presumption of fraud

60-Day Rule: 30-60 days Possible misrepresentation, but rebuttable

90-Day Rule: 90 days Presumed fraud unless otherwise proven

Under the 90-day rule adjustment of status, the applicant bears the responsibility of demonstrating they had no preconceived intent while entering the US. It means they need strong proof, i.e., evidence such as letters establishing their original plans to travel.

Visa Types Affected by the 90-Day Rule

The 90-day rule immigration is not applied to all visas but mainly targets non-immigrant visas.

1. B1/B2 Tourist Visas

• Travelers on a 90-day visa USA (e.g., a B1/B2 visa) should not work, study, or request adjustment of status during the first 90 days.
• If they get married to a US citizen within 90 days, they may be denied a green card on grounds of suspected misrepresentation.

2. Visa Waiver Program (ESTA)

• ESTA visitors under the US 90-day visa are not allowed to extend their stay or modify their visa status.
• Any effort to remain longer than 90 days can result in future US bans.

3. F1 Student Visas

• F1 visa holders need to attend school and keep their student status.
• Unauthorized work within the initial 90 days may result in cancellation of the visa.

4. K1 Fiancé(e) Visa Holders

• The 90-day fiancé visa rules require that a K1 visa holder should marry his/her US sponsor within 90 days.
• Yet, the K1 visa adjustment of status after 90 days is exempt from the 90-day rule.

The 90-Day Rule and Green Card Applications on Marriage-Based Grounds

Perhaps one of the most prevalent breakdowns of the 90-day rule immigration marriage is when an individual on a B1/B2 visa marries an American citizen and requests a green card prematurely.

Tourist Visa to Green Card: Typical Situation

• A foreigner comes to the US on a tourist visa and then gets married to a US citizen within 90 days.
• If they apply for adjustment of status, USCIS will likely suspect that they always meant to remain.
• This may lead to green card denial and even future visa prohibition.

How to Prevent Violating the 90-Day Rule in Marriage Cases

• Wait for at least 90 days before applying for adjustment of status.
• Show proof that the relationship developed naturally after entry.
• Consider consular processing instead of adjusting status within the US.

If the 90-day rule for immediate relatives applies to you, consulting with an immigration attorney before taking action is highly recommended.

How USCIS and Consular Officers Enforce the 90-Day Rule

Both USCIS officers and consular officers play a role in enforcing the immigration 90-day rule.

1. Consular Officers (Visa Applications Abroad)

• In the case of applying for a 90-day visa USA, consular officers examine the history of travel.
• They deny the visa application if they have reasons to suspect fraudulent intent.

2. USCIS Officers (Adjustment of Status Cases)

• Officers in 90-day rule adjustment of status cases examine the date of entry and what was done thereafter.
• If a person applies for a green card within 90 days, he/she can be presumed to have had immigrant intent.

3. Red Flags That Result in Denials

• Prior history of visa denials.
• Rapid status changes (e.g., B1/B2 to green card).
• Inconsistencies in interview responses.

Implications of Breaking the 90-Day Rule

Breaking the 90 days rule USCIS has severe immigration implications, such as:

• Green Card Denial – USCIS will deny your adjustment of status application if they find you lied about your intentions.
• Future Bans & Visa Revocation – The offense could result in the revocation of a visa and even a lifetime ban under INA Section 212(a)(6)(C)(i).
• Risk of Deportation – Sometimes, persons caught breaking the rule could be placed in removal proceedings.

To avoid these punishments, it is advisable to wait for at least 90 days before applying for an adjustment of status and seek advice from an immigration lawyer if doubtful.

Stuck on the 90-Day Rule? Reach out to Passage Law Today!

US visa regulations can be difficult and anxiety-inducing. Not sure how the 90-day rule will impact your situation—whether you’re seeking a green card, changing status, or dealing with a visa refusal? Our seasoned immigration lawyers at Passage Law can assist.

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