The U.S Department of State’s New 90-Day Rule
The U.S. Department of State (DOS) has developed a new 90-day rule to assist consular officers in evaluating misrepresentation in cases involving a person who violated his or her nonimmigrant status or whose conduct is or was inconsistent with representations made to either the consular officer concerning his or her intentions at the time of the visa application or to the immigration officer at the port of entry.
The new 90-day rule is not a “rule” in the sense of being a binding principle or decision. The rule is simply an analytical tool that may assist DOS officers in determining whether an applicant’s actions support a finding of fraud or misrepresentation in a particular case. This DOS 90-day rule is not binding on USCIS. Officers should continue to evaluate cases for potential fraud indicators and, when appropriate, refer cases to Fraud Detection and National Security according to existing procedures.
The new 90-day rule extends the presumption of preconceived immigrant intent and false representation for actions taken that are found to be inconsistent with one’s status out to 90 days from admission, entry, or obtaining an immigration benefit.
Preconceived Immigrant Intent and False Representation
A person is only inadmissible if he or she makes a misrepresentation in connection with his or her own immigration benefit in applying for a visa. Evidence of preconceived immigrant intent and a violation of status:
- Actively seeking unauthorized employment and, subsequently, becoming engaged in such employment;
- Enrolling in a full course of academic study without the benefit of appropriate change of status;
- Marrying and taking up permanent residence; or
- Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.
Orlando Immigration Lawyer
When seeking a nonimmigrant visa it is imperative that the applicant be completely honest in the application process as preconceived intent is considered a serious adverse factor weighing against adjustment of status.
If you have questions related to the visa application process, are unsure about whether a given action is permissible under your current immigration status, or find yourself charged with inadmissibility for fraud and misrepresentation, please contact our immigration law firm today to schedule a free initial consultation at our Orlando office.