Formerly known as the 30/60 day rule, the NEW 90 day rule was recently expanded as a way to combat visa fraud (according to the Dept. of State). The issue is that when you apply for a visa to enter the US you are declaring that you intend to enter the US for that purpose ONLY. For example if you enter as a B-2 tourist, you have promised that your true intention is to be a tourist and that you do not have other intentions, such a staying in the US permanently. So for example, if you enter the US as a B-2 tourist and are married to a US citizen within that initial 90 day period it could create a presumption of fraud.
What Behaviors trigger the 90-day Rule?
- Unauthorized employment;
- Enrolling academic study without immigration authorization;
- Getting married to a U.S. citizen or lawful permanent residency; and
- Any activity that a change of status or adjustment of status is required.
What Could the Consequences Be?
Misrepresenting your true purpose for entering the US is a serious matter. It may impact your ability to receive other visas, it may limit your ability change your status within the US or you may even be barred from re-entering the US once you depart.
What About Applying for a Change of Status?
The 90 day rule is a Department of State Rule and Change of Status Applications are reviewed and approved by the US Citizenship and Immigration Service. That means the USCIS is NOT bound by the 90 day rule. BUT, if they are aware of potentially fraudulent activity they have the discretion to consider it as part of your change of status application request.