What is the 90-Day Rule for purposes of Adjustment of Status?
The “90-Day Rule” in the context of Adjustment of Status (AOS) refers to a policy used by U.S. Citizenship and Immigration Services (USCIS) to determine whether an individual who entered the U.S. on a nonimmigrant visa or under the Visa Waiver Program (VWP) has violated their status if they engage in certain activities within 90 days of entry. This rule mainly focuses on activities that suggest an individual had preconceived intent to immigrate to the U.S. when they applied for their nonimmigrant visa or entered on the VWP.
The 90-Day Rule applies specifically to the following situations:
- Nonimmigrant Visa Holders: If an individual enters the U.S. on a nonimmigrant visa (such as a tourist visa) or under the Visa Waiver Program (VWP) and marries a U.S. citizen or files an application for Adjustment of Status (Form I-485) within 90 days of entry, USCIS may presume that the individual misrepresented their true intent when applying for the visa. This presumption can lead to a denial of the Adjustment of Status application based on a finding of willful misrepresentation.
- VWP Travelers: If an individual enters the U.S. under the Visa Waiver Program (VWP) and engages in any activity that would make them eligible for Adjustment of Status within 90 days of entry, they can be deemed to have violated their status. This could include activities such as marrying a U.S. citizen, filing an Adjustment of Status application, or any other activity that would change their nonimmigrant intent.
It’s important to note that while the 90-Day Rule is a guideline for USCIS officers to assess potential misrepresentation, it doesn’t automatically trigger a violation. USCIS officers will consider the specific facts and circumstances of each case before making a determination.
If an individual engages in the specified activities after the 90-day period, it’s generally less likely to raise concerns about misrepresentation. However, this rule underscores the importance of accurately representing one’s intentions when applying for a nonimmigrant visa or entering the U.S. under the VWP.
As with any aspect of U.S. immigration law, it’s recommended to consult official guidance and, if needed, seek legal advice to ensure that you understand and comply with relevant rules and regulations related to Adjustment of Status and nonimmigrant visas.
How to comply with the 90 Day rule
Complying with the 90-Day Rule involves ensuring that your actions within the first 90 days of entering the U.S. on a nonimmigrant visa or under the Visa Waiver Program (VWP) align with the intent you expressed when applying for the visa. To avoid potential issues with misrepresentation or violation of your status, follow these guidelines:
- Understand the Rule: Familiarize yourself with the 90-Day Rule and its implications. Understand which activities might be considered problematic within the first 90 days of your entry.
- Honesty During Visa Application: During your nonimmigrant visa application or when entering on the VWP, be truthful about your intentions. Clearly state the purpose of your visit and your plans within the U.S.
- Avoid Contradictory Actions: Within the first 90 days of your entry, avoid engaging in any activities that could contradict the intent you expressed when applying for the visa. This includes actions that would suggest you’re planning to stay permanently or adjust your status.
- Delay Significant Decisions: If you’re entering the U.S. on a nonimmigrant visa or under the VWP and you’re considering marriage to a U.S. citizen or filing for Adjustment of Status, consider delaying such decisions until after the initial 90-day period.
- Nonimmigrant Intent: Maintain the original purpose of your visit as a nonimmigrant. Engage in activities consistent with your visa type, such as tourism, business meetings, or attending educational programs.
- Consult with Professionals: If you’re uncertain about whether a specific activity might violate the 90-Day Rule, consult with an immigration attorney or legal professional. They can provide guidance based on your unique situation.
- Document Your Intent: Keep records of your activities and intentions during your first 90 days in the U.S. This can include receipts, travel itineraries, event invitations, and other documents that demonstrate your nonimmigrant intent.
- Be Prepared for Interviews: If you decide to apply for Adjustment of Status or any other immigration benefit after the 90-day period, be prepared to explain your initial intentions when you entered the U.S. Provide evidence that your activities during the first 90 thestyleplus days were consistent with those intentions.
- Follow Legal Advice: If you consult an immigration attorney or legal professional, follow their advice on how to navigate the 90-Day Rule and related immigration matters.
Remember that while the 90-Day Rule is a consideration, it’s not an absolute barrier to making certain immigration decisions after the 90-day period. The key is to ensure that your actions are consistent with your stated intentions at the time of your visa application and entry. If you have concerns or questions, seeking professional advice can help you make informed choices that align with U.S. immigration regulations.
Single intent vs. Dual intent
“Single intent” and “dual intent” are concepts used in U.S. immigration law to describe the intentions of nonimmigrant visa holders when entering the United States. These concepts help define whether an individual’s temporary stay in the U.S. is solely for the purpose stated in their nonimmigrant visa category or if they have an additional intent to potentially immigrate and seek permanent residency.
Single Intent:
Under the concept of single intent, nonimmigrant funnyjok visa holders are expected to maintain the intention of only staying temporarily in the U.S. for the specific purpose outlined in their visa category. They are not expected to have an intention to immigrate or apply for permanent residency. Engaging in activities that suggest a desire to adjust to permanent resident status could be seen as inconsistent with single intent and may lead to visa denials or other immigration issues.
Examples of nonimmigrant visa categories with single intent include tourist visas (B-1/B-2), student visas (F-1), exchange visitor visas (J-1), and temporary worker visas (H-1B).
Dual Intent:
Dual intent is a concept that recognizes that certain nonimmigrant visa categories allow individuals to have both a temporary intent and a potential future intent to immigrate to the U.S. While maintaining the primary purpose of the nonimmigrant visa, individuals in these categories are also permitted to apply for permanent residency (green card) without necessarily jeopardizing their nonimmigrant status.
The most prominent example of a visa category with dual intent is the H-1B visa for temporary workers in specialized occupations. H-1B visa holders can pursue Adjustment of Status (Form I-485) to apply for a green card without negatively affecting their H-1B status. The concept of dual intent acknowledges that employment-based immigrants often start as nonimmigrant workers.
It’s important to understand the intent requirements of your specific visa category and to accurately represent your intentions when applying for a visa, entering the U.S., and considering immigration options. Not all visa categories have the same intent requirements, and adhering to the correct intent is essential to comply with U.S. immigration regulations. If you have questions about your specific situation, consulting an immigration attorney can provide you with the guidance you need.
