Understanding the 90-Day Rule for Nonimmigrants in the US (Miami Immigration Lawyers)
As Miami immigration lawyers, we sometimes receive questions about the 90-day rule in the immigration context. The 90-day rule, also known as the “30/60 day rule”, was implemented by the US Citizenship and Immigration Services (USCIS) in 2018 to prevent visa fraud and misuse of nonimmigrant visas.
In this guide, our immigration lawyer, Miami-based Tatiane M. Silva, will answer answer the question about what you need to know about the new 90 day rule and provide important information that nonimmigrants in the US need to know.
What You Need to Know About the New 90 Day Rule
The 90-day rule subjects a nonimmigrant to a presumption of having made a willful material misrepresentation at the time of admission or application for a nonimmigrant visa when that nonimmigrant enters the United States and within 90 days engages in conduct inconsistent with their nonimmigrant status.
Should you have any questions regarding this, please contact your Miami immigration lawyers.
What Are Some Examples of “Inconsistent Conduct?”
According to the Foreign Affairs Manual at 9 FAM 302.9-4(B)(3), “inconsistent conduct” includes, but is not limited to:
- working without authorization
- enrolling in school when one’s nonimmigrant status does not authorize academic study
- marrying a US citizen or Lawful Permanent Resident and taking up residence in the United States when one is in B or F status
- undertaking any other activity for which a change of status or adjustment of status would be required without the benefit of such a change or adjustment.
If you have questions about what inconsistent conduct entails in immigration law, please contact your Miami immigration lawyer.
What Happens if a US Consular Officer Becomes Aware of Derogatory Information Indicating That I May Have Misrepresented My Intentions?
If a US consular officer “becomes aware of derogatory information indicating that an alien in the United States who has a valid visa, may have misrepresented his or her intentions to you at the time of visa application, or to DHS at the port of entry or in a filing for an immigration benefit”, they are directed to “bring the derogatory information to the attention of the Department for potential revocation.”
If you have any questions regarding this, please contact your Miami immigration lawyer.
What Are the Consequences if I Am Found That I Have Misrepresented My Intentions?
Section 212(a)(6)(C) of the Immigration and Nationality Act states that any alien who, by willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other immigration benefit is inadmissible and may be barred for life from entering the US.
These are grave consequences. If you are in this situation, you may want to speak with a Miami immigration attorney or an Austin immigration attorney as soon as possible.
What Do I Need to Be Aware of as an Immigrant Alien?
I would typically caution aliens who have entered the US on a B or F visa or any other nonimmigrant visa that does not allow immigrant intent or the VWP about the risks of filing an adjustment of status, extension of status, or change of status within 90 days after entry.
Furthermore, even if such filings occur 90 days after entry, the alien may need to demonstrate that an event caused them to change plans and desire to change US immigration status. If you have any questions, you may want to speak with a Miami immigration lawyer.
Contact Us for More Information
Are you a nonimmigrant in the US with questions about the new 90-day rule? Are you concerned about potential immigration issues or need help navigating the complex immigration process? Our experienced Miami immigration lawyers are here to help.
At Tatiane M. Silva, P.A., we understand the importance of being well-informed and prepared regarding immigration matters. Our team is dedicated to providing personalized and effective legal representation to help you achieve your immigration goals.
Contact us today for a consultation with one of our experienced Miami immigration lawyers, and let us assist you in avoiding any potential immigration issues. If you want more information on the 90-day Rule, obtaining a Green Card, or obtaining US citizenship, we are here to help.
Call us at (305) 895-2500 or visit our website at tmsilvalaw.com to schedule your consultation today. Our team is fluent in English, Spanish, and Haitian Creole and ready to assist you with your immigration needs. Don’t let immigration issues hold you back; contact us now!