Understanding the 90-Day Rule for Visa Holders
Introduction
The 90-day rule for visa holders is an important concept in U.S. immigration law that can affect the status and future visa applications of individuals visiting the United States. This rule is designed to prevent visa holders from using temporary visas to enter the U.S. with the intention of engaging in activities that contradict the terms of their visa. In this blog post, we will explain the 90-day rule, its implications, and how it can impact visa holders.
What is the 90-Day Rule?
The 90-day rule, also known as the '30/60-day rule,' is not a formal law but rather a guideline used by U.S. immigration authorities, particularly the U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP), to assess the intentions of nonimmigrant visa holders when they enter the United States.
The rule suggests that if a foreign national engages in certain activities within a specific timeframe after entering the U.S., it may raise concerns about their true intent when obtaining their visa and entering the country.
Activities Subject to Scrutiny
Under the 90-day rule, the following activities during the first 90 days of your stay in the U.S. could lead to questions about your intentions:
Engaging in Unauthorized Employment: Working in the U.S. without the proper work visa or engaging in activities inconsistent with the visa category you used to enter.
Marrying a U.S. Citizen or Permanent Resident: If you enter the U.S. on a nonimmigrant visa and marry a U.S. citizen or permanent resident shortly after your arrival, it may raise suspicions that you had preconceived intentions to immigrate.
Adjustment of Status: Filing an application to adjust your status to permanent residency (green card) within the first 90 days of your entry.
Why Does the 90-Day Rule Matter?
The 90-day rule matters because it can have implications for your current and future immigration status. If immigration authorities suspect that you misrepresented your intentions when obtaining your visa or entering the U.S., it could lead to:
Visa Revocation: Your visa could be revoked if it is determined that you entered the U.S. with deceptive intentions.
Inadmissibility: If you are found to have violated the terms of your visa, you may be deemed inadmissible to the U.S., making it difficult to return in the future.
Difficulty in Future Visa Applications: Violating the 90-day rule may complicate your ability to obtain future U.S. visas, as consular officers may view your past actions with suspicion.
Exceptions and Considerations
It's important to note that the 90-day rule is not an absolute, black-and-white guideline. There are exceptions and nuances to consider:
Bona Fide Change of Circumstances: If you can demonstrate that your actions were a result of a genuine change in circumstances beyond your control, you may not be subject to the rule.
Visa Category Matters: Some visa categories, such as H-1B or L-1, allow for dual intent, meaning you can have both temporary and permanent immigration intentions simultaneously.
Consult with an Attorney: If you have concerns about your situation and how it relates to the 90-day rule, it's advisable to consult with an experienced immigration attorney who can provide guidance tailored to your specific circumstances.
Conclusion
The 90-day rule for visa holders serves as a reminder that U.S. immigration authorities pay close attention to the intentions of nonimmigrant visa holders during their initial stay in the United States. It's essential to be honest about your intentions when applying for a visa and to avoid activities that could raise suspicions of misrepresentation. If you have any concerns about the 90-day rule or your visa status, seeking legal counsel can help you navigate the complexities of U.S. immigration law and maintain your immigration status in good standing.