Immigrating to the United States is a lengthy and complicated process, and navigating the rules and regulations of the United States Citizenship and Immigration Services (USCIS) can be challenging. One rule that has been causing confusion for many applicants is the USCIS 90 day rule, which was updated in 2021. In this article, we will explore what the USCIS 90 day rule is, how it has changed, and what it means for those applying for immigration to the United States.
The USCIS (United States Citizenship and Immigration Services) 90 day rule is a policy that affects certain non-immigrant visa holders who have filed applications for permanent residency in the United States. In short, if an individual engages in unauthorized employment or other activities inconsistent with their visa status within 90 days of entering the US, they may be deemed to have committed fraud and could potentially face deportation or other adverse consequences. This rule has been in place for several years, but there have been recent updates and changes to the policy that individuals should be aware of in 2021.
Understanding the USCIS 90 Day Rule
The USCIS 90 day rule, also known as the 90 day presumption of willful misrepresentation, applies to nonimmigrant visa holders who engage in certain activities within 90 days of entering the United States. These activities include getting married to a U.S. citizen or permanent resident, or filing an application to adjust status to become a permanent resident.
Under the 90 day rule, if a nonimmigrant visa holder engages in one of these activities within 90 days of entering the U.S., there is a presumption that they committed fraud or willful misrepresentation to obtain their visa. This presumption can be rebutted with evidence that the individual did not have the intent to engage in fraud or willful misrepresentation at the time of their entry to the U.S.
The Intent of the USCIS 90 Day Rule
The intent behind the 90 day rule is to prevent individuals from entering the U.S. on a nonimmigrant visa with the intention of getting married or applying for adjustment of status to become a permanent resident. It is designed to prevent visa fraud, which is a serious issue for the USCIS.
However, the rule has been criticized for being too broad and potentially punishing those who have legitimate reasons for engaging in such activities within 90 days of their entry to the U.S.
Changes to the USCIS 90 Day Rule in 2021
In January 2021, the USCIS updated the 90 day rule to clarify its scope and application. Under the new rule, the 90 day presumption of willful misrepresentation applies only to activities that were preconceived before the individual’s entry to the U.S.
The USCIS also provided guidance on what constitutes “preconceived intent,” stating that “a nonimmigrant visa holder’s conduct is inconsistent with his or her nonimmigrant status if it is contrary to the purpose of the visa classification.” This means that if an individual enters the U.S. on a nonimmigrant visa with the intent to get married or apply for adjustment of status, they may be found to have engaged in fraud or willful misrepresentation, even if they do not engage in these activities within 90 days of their entry.
The USCIS 90 day rule applies to nonimmigrant visa holders who engage in certain activities within 90 days of entering the United States, and there is a presumption that they committed fraud or willful misrepresentation to obtain their visa. However, the rule was updated in 2021 to clarify that it only applies to activities that were preconceived before the individual’s entry to the U.S. Applicants should be honest and transparent about their intentions when applying for a nonimmigrant visa, and seek legal guidance if there is any uncertainty about how the rule applies to their situation.
Implications of the USCIS 90 Day Rule Changes
The changes to the USCIS 90 day rule provide some clarity for applicants, but they also raise new questions about how the rule will be applied in practice. It is important for applicants to carefully consider their intentions when entering the U.S. on a nonimmigrant visa, and to seek legal guidance if they are unsure about whether their activities are consistent with their visa classification.
How to Avoid Issues with the USCIS 90 Day Rule
To avoid any issues with the USCIS 90 day rule, it is important for applicants to be honest and transparent about their intentions when applying for a nonimmigrant visa. If an applicant intends to get married or apply for adjustment of status within 90 days of their entry to the U.S., they should be prepared to provide evidence that their intentions were not preconceived before their entry.
It is also important to seek legal guidance if there is any uncertainty about how the USCIS 90 day rule applies to a particular situation. An experienced immigration attorney can help applicants navigate the complex rules and regulations of the USCIS and ensure that their application is handled properly.
Tips for Applicants
Here are some tips for applicants to avoid issues with the USCIS 90 day rule:
- Be honest and transparent about your intentions when applying for a nonimmigrant visa.
- Be prepared to provide evidence that your intentions were not preconceived before your entry to the U.S.
- Seek legal guidance if you are unsure about how the USCIS 90 day rule applies to your situation.
FAQs for USCIS 90 Day Rule 2021
What is the USCIS 90 Day Rule?
The USCIS 90 Day Rule is a guideline used by the United States Citizenship and Immigration Services (USCIS) to determine if a nonimmigrant visa holder has violated the terms of their visa. The rule states that if a nonimmigrant visa holder engages in any unauthorized activity within 90 days of entering the United States, it will be presumed that they misrepresented their original intentions when applying for the visa.
What counts as “unauthorized activity”?
Unauthorized activity includes any activity that is incompatible with the visa holder’s status, such as working without authorization, getting married to a U.S. citizen or permanent resident and applying for adjustment of status, or engaging in any other activity for which a different visa category would be required.
What happens if the USCIS determines a nonimmigrant visa holder violated the 90 Day Rule?
If the USCIS determines that a nonimmigrant visa holder has violated the 90 Day Rule, it can initiate deportation proceedings and bar the individual from returning to the United States. The individual may also face other negative immigration consequences, such as being barred from obtaining future U.S. visas or being denied adjustment of status to permanent resident.
Are there any exceptions to the USCIS 90 Day Rule?
Certain exceptions are granted for unforeseen circumstances or events that occurred after entry to the United States, such as a medical emergency or a natural disaster. However, it is important to note that USCIS has a high standard for granting exceptions and these situations should be documented with proper evidence.
How can I make sure I don’t violate the USCIS 90 Day Rule?
The best way to prevent violating the USCIS 90 Day Rule is to make sure you are clear on the terms of your visa before traveling to the United States. If your plans change while you are in the U.S., it is important to seek legal advice before engaging in any activity that may be considered unauthorized. Keeping track of your stay in the U.S. and maintaining accurate immigration records can also help prevent any misunderstandings with USCIS.
