What Is the 90-Day Rule in Immigration Applications?

Wogwu Law is dedicated to providing compassionate legal support to immigrants nationwide. Attorney Wogwu understands the challenges of navigating the U.S. immigration system and aims to make the process clearer and more manageable for you. One key aspect often discussed with clients is the 90-day rule—a guideline that can significantly impact your immigration application process.

Understanding the 90-day rule is crucial for anyone recently entering the U.S. on a non-immigrant visa. Let’s take a look at this rule and how it might apply to you.

What Is the 90-Day Rule?

The 90-day rule is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to assess the intentions of non-immigrant visa holders upon their entry into the United States. Essentially, it sets a 90-day period after arrival during which certain actions, like applying for a green card or engaging in unauthorized activities, may raise questions about whether the visa holder misrepresented their intentions at the border.

When someone enters the U.S. on a non-immigrant visa, such as a tourist (B-2) or student visa (F-1), they are expected to honor the terms of that visa. If they quickly shift their actions—by marrying a U.S. citizen, for example, or filing for adjustment of status within those first 90 days—USCIS may presume that they failed to disclose their true intentions about their immigration from the start. This doesn’t automatically mean their application will be denied, but it does mean that they might face additional scrutiny.

By creating this guideline, USCIS aims to prevent misuse of non-immigrant visas while ensuring fairness in the immigration process.

Who Does the 90-Day Rule Apply To?

The 90-day rule primarily applies to individuals who enter the U.S. on single-intent visas. These are visas issued for temporary stays with no expectation of remaining in the country permanently. Examples include:

  • Tourist visas (B-1/B-2): Designed for short visits, such as vacations or business meetings.
  • Student visas (F-1): Granted for academic studies.
  • Work visas (like H-2B): Meant for temporary employment opportunities.

Importantly, the rule does not apply to dual-intent visas like H-1B or L-1 visas. Holders of dual-intent visas can legally enter the U.S. for temporary purposes while also having the potential to apply for permanent residency without conflict.

Understanding whether the 90-day rule applies to your situation is essential for avoiding unnecessary complications in your immigration process.

What Activities May Trigger Scrutiny Under the 90-Day Rule?

During the first 90 days of your stay in the U.S., certain actions can raise red flags with immigration officials. If you’re on a single-intent visa, engaging in the following activities may lead USCIS to question whether you misrepresented your intentions:

  • Applying for a green card (Form I-485): Filing for adjustment of status to become a lawful permanent resident.
  • Unauthorized employment: Starting a job without proper work authorization.
  • Marrying a U.S. citizen or lawful permanent resident: Particularly if you subsequently apply for a green card.
  • Enrolling in an unauthorized course of study: Attending school without the appropriate visa classification.

While these actions aren’t outright prohibited, engaging in them within the first 90 days may lead to additional scrutiny and potential challenges to your immigration application.

Why Does the 90-Day Rule Exist?

The 90-day rule replaced an older guideline known as the 30/60-day rule in September 2017. The change aimed to create a more consistent framework for assessing non-immigrant intent and reducing potential misuse of visas.

The rule serves several purposes:

  • Maintaining visa integrity: By discouraging misrepresentation of intent, the rule helps ensure that visas are used as intended.
  • Protecting the immigration system: It provides a clear standard for USCIS officers to evaluate applications, promoting fairness across cases.
  • Preventing fraud: The rule deters individuals from entering the U.S. on a temporary visa while secretly planning to stay permanently.

Although the rule is a guideline rather than a strict regulation, it plays a significant role in immigration evaluations and decisions.

What Are the Implications of the 90-Day Rule?

While the 90-day rule provides a framework for assessing intent, it’s important to note that USCIS officers are not bound by it. They can consider the totality of circumstances when reviewing an application.

Potential implications of violating the rule include:

  • Application denial: If USCIS believes that you misrepresented your intentions, your application for adjustment of status may be denied.
  • Future immigration challenges: A violation may be noted in your immigration record, potentially impacting future visa applications.
  • Inadmissibility: In some cases, the U.S. may deem you inadmissible, making it difficult or impossible for you to reenter.

Understanding these risks can help you make informed decisions about your actions during the first 90 days of your stay.

Can I Change My Mind About My Immigration Intentions?

Yes, changing your plans after entering the U.S. is possible, but there are some key considerations. USCIS allows for changes in circumstances, but you must be able to demonstrate that your original intent when entering the country was genuine.

For example, if you came to the U.S. on a tourist visa with plans to visit family but later decided to marry a U.S. citizen, USCIS may scrutinize your case. To avoid complications, you’ll need to provide evidence supporting your initial intent, such as travel itineraries, communications, or other relevant documentation.

Honesty and preparation are critical when addressing these situations. Working with a knowledgeable immigration attorney can help ensure your application is as strong as possible.

Need Help with Your Immigration Application? Contact Wogwu Law Today!

The 90-day rule can be tricky in the immigration process, but you don’t have to navigate it alone. Wogwu Law is here to provide you with clear guidance and practical support. Whether you have questions about your visa status or need assistance with an immigration application, Wogwu Law can help.

Call today at 210-972-4480 to schedule a consultation and learn more about how Wogwu Law can assist you. Together, we can make your immigration journey smoother and give you the confidence to move forward with your plans.

Let Wogwu Law be your trusted partner in achieving your immigration goals.