The 90-Day Rule is a significant regulation in U.S. immigration law that affects individuals entering the country on non-immigrant visas, particularly tourist visas. It is designed to assess the intentions of visitors who may appear to misuse their visas for purposes other than those permitted.

This rule is a guideline used by immigration officers to determine if non-immigrant visa holders have violated the terms of their entry. This typically involves individuals who marry a U.S. citizen or apply for an adjustment of status within 90 days of entry, which can lead to presumptions of misrepresentative intent.

Consequences of Violating the 90-Day Rule

Violating this rule can lead to severe consequences. If USCIS suspects that a person entered the U.S. with a hidden intent to immigrate, they might face charges of fraud and misrepresentation. This can result in the denial of the adjustment of status application and potential long-term bans from the United States.

Those accused of violating the 90-Day Rule may receive a Notice of Intent to Deny their application. Respondents have the opportunity to contest this decision by providing substantial evidence to the contrary. If unable to refute the claims, individuals may seek a waiver for forgiveness, demonstrating extreme hardship to a U.S. citizen spouse. This waiver process is discretionary, emphasizing the need for a strong legal argument and thorough documentation.

How to Navigate Potential Violations

Complying with the USCIS 90-Day Rule is fundamental for maintaining lawful status in the U.S. and achieving long-term immigration goals. Understanding and adhering to this rule can prevent severe consequences and facilitate a smoother immigration process.

It’s important for individuals to understand the legal boundaries and requirements of their visa status. Consulting with an immigration attorney can provide guidance and strategic planning to avoid violations. For those already facing complications, legal support is essential in navigating the waiver process and mitigating the impacts of any infractions. If you’re concerned about your status or need assistance with a complex immigration issue, Immigration for Couples is here to help. Visit our website to learn more and schedule a consultation.