What is the 90-Day Rule?
The “90-Day Rule” in U.S. immigration refers to a guideline used by U.S. immigration officials to determine whether a foreign national who entered the country on a nonimmigrant visa has violated their status if they engage in certain activities within 90 days of their entry. This rule is particularly relevant to individuals who enter the U.S. on a nonimmigrant visa with the intention of eventually applying for adjustment of status to become a lawful permanent resident (green card holder).
The 90-Day Rule is not an official law or regulation; rather, it is a discretionary guideline that U.S. Citizenship and Immigration Services (USCIS) officers use when evaluating certain visa-related actions. The rule is associated with the concept of “preconceived intent,” which means that if an individual enters the U.S. on a nonimmigrant visa but has already made plans to apply for a green card shortly after arrival, it could potentially be seen as a violation of the terms of their nonimmigrant visa.
The key points of the 90-Day Rule are as follows:
- Adjustment of Status: If a foreign national enters the U.S. on a nonimmigrant visa and applies for adjustment of status (Form I-485) within 90 days of entry, USCIS may scrutinize the application more closely. This is especially true if the applicant had expressed intent to apply for a green card before entering the U.S.
- Presumption of Fraud: If the applicant engages in certain actions, such as getting married to a U.S. citizen or permanent resident, within the first 90 days of entry and then applies for adjustment of status, there could be a presumption of fraudulent intent. This could lead to a denial of the green card application.
- Case-by-Case Evaluation: The 90-Day Rule does not automatically result in a denial. USCIS officers evaluate each case individually to determine whether the applicant had a legitimate change of circumstances after entering the U.S.
- Exception for Certain Activities: Certain activities, such as engaging in employment or studying, within the first 90 days may not necessarily trigger scrutiny under the 90-Day Rule.
It’s important to note that the 90-Day Rule can be complex, and the application of the rule can vary based on individual circumstances. Foreign nationals who are considering adjusting their status should be aware of the potential implications and should consult with an immigration attorney if they have questions or concerns about the rule’s application to their situation.
How does the 90-Day Rule affect my green card application timeline?
The 90-Day Rule can have implications on your green card application timeline if you enter the U.S. on a nonimmigrant visa and plan to apply for adjustment of status (Form I-485) to become a lawful permanent resident (green card holder). It’s important to understand how the rule might affect your timeline and the factors to consider. Here’s how the 90-Day Rule can impact your green card application process:
- Preconceived Intent: The 90-Day Rule is primarily concerned with the concept of “preconceived intent.” If you engage in certain activities that suggest you had the intention to apply for a green card before entering the U.S., this could raise concerns of potential visa fraud.
- Activities Within 90 Days: If you engage in activities such as getting married to a U.S. citizen or permanent resident, or if you express the intent to adjust status and apply for a green card within 90 days of entering the U.S., USCIS may view this as a violation of your nonimmigrant status.
- Increased Scrutiny: If you apply for adjustment of status within the first 90 days of entry, USCIS may subject your application to increased scrutiny. They will closely evaluate your circumstances to determine whether you had a legitimate change of circumstances that led to your decision to apply for a green card.
- Presumption of Fraud: Engaging in activities within the first 90 days could lead to a presumption of fraudulent intent. USCIS may presume that you entered the U.S. on a nonimmigrant visa with the intention to adjust status immediately, which could result in a denial of your green card application.
- Case-by-Case Evaluation: USCIS evaluates each case individually. While the 90-Day Rule is a guideline, not a strict rule, officers will consider the specific circumstances surrounding your situation.
- Activities After 90 Days: Engaging in activities that suggest a change of circumstances after the initial 90 days are less likely to trigger concerns under the 90-Day Rule. For example, if you marry a U.S. citizen or permanent resident after the 90-day period, it may be viewed differently.
- Consulting an Attorney: Due to the complexity of the 90-Day Rule and its potential impact on your green card application, it’s advisable to consult with an immigration attorney. An attorney can assess your situation, provide guidance on the best course of action, and help you navigate the potential challenges associated with the rule.
Overall, if you’re considering applying for adjustment of status within 90 days of entering the U.S., it’s crucial to be aware of the 90-Day Rule and its implications. Consulting with an immigration attorney can help you make informed decisions and ensure that you are following the proper procedures for your green card application.
What happens if I don’t comply with the 90-Day Rule?
Failing to comply with the 90-Day Rule in U.S. immigration could potentially have serious consequences for your immigration status and green card application. The rule is designed to prevent individuals from entering the U.S. on a nonimmigrant visa with the intention of immediately applying for adjustment of status to become a lawful permanent resident (green card holder). If you violate the rule, it could lead to issues such as:
- Denial of Adjustment of Status (Form I-485):
- If you apply for adjustment of status (Form I-485) within 90 days of entering the U.S. and USCIS determines that you had preconceived intent to do so, your application could be denied. USCIS may consider your actions as a violation of your nonimmigrant status and could view it as visa fraud.
- Presumption of Fraud:
- If you engage in certain activities, such as getting married to a U.S. citizen or permanent resident, within the first 90 days of entry and then apply for adjustment of status, USCIS could presume that you had fraudulent intent. This presumption could lead to a denial of your green card application.
- Immigration Consequences:
- If your adjustment of status application is denied due to a violation of the 90-Day Rule, your immigration status may be jeopardized. You could be placed in removal proceedings and face potential deportation from the U.S.
- Impact on Future Applications:
- A denial based on violating the 90-Day Rule could have long-term consequences for future visa applications or immigration attempts. It might affect your credibility and eligibility for other immigration benefits.
- Legal Complications:
- Violating the 90-Day Rule could lead to legal complications, including the need to address issues in immigration court and potentially needing legal representation to navigate the process.
It’s important to emphasize that USCIS evaluates each case individually, and there may be legitimate reasons for certain actions taken within the first 90 days of entry. However, if you suspect that your actions might raise concerns under the 90-Day Rule, it’s advisable to consult with an immigration attorney before applying for adjustment of status.
An immigration attorney can assess your situation, provide guidance on the best course of action, and help you navigate the potential challenges associated with the 90-Day Rule. Adhering to immigration laws and rules is crucial to ensuring a smooth and successful immigration process.
