What is the 90-Day Rule?
The term “90-Day Rule” could refer to different concepts depending on the context. Here are a couple of possible interpretations:
- Visa 90-Day Rule: In some countries, there is a visa rule known as the “90-Day Rule” which specifies that visitors on certain types of visas are allowed to stay for a maximum of 90 days within a 180-day period. This means that you can’t stay continuously for more than 90 days, and you have to leave the country and not exceed 90 days within any 180-day period.
- No Contact Rule: In relationship and dating advice, the “90-Day Rule” can refer to a strategy where individuals avoid any communication with their ex-partner for a period of 90 days following a breakup. This period is thought to give both parties time to heal, gain perspective, and potentially make decisions about their future without the emotional turbulence immediately following the breakup.
- SEC 90-Day Rule: In the context of stock markets and securities regulations, the “90-Day Rule” could refer to a regulation issued by the U.S. Securities and Exchange Commission (SEC) that restricts the resale of securities by company insiders, typically within a 90-day window of a public offering.
- Job Offer Rule: Some companies have a practice known as the “90-Day Rule” where they assess the performance of newly hired employees during the first 90 days of their employment. At the end of this period, the company decides whether to confirm the employee’s position permanently based on their performance during the probationary period.
Without more context, it’s hard to determine exactly which “90-Day Rule” you’re referring to. If you have a specific context in mind, feel free to provide more details so I can give you a more accurate explanation.
How does the 90-Day Rule impact the Adjustment of Status application?
In the context of immigration and the Adjustment of Status (AOS) application in the United States, the “90-Day Rule” refers to a policy that was established by the U.S. Citizenship and Immigration Services (USCIS) to address situations where individuals enter the U.S. on a nonimmigrant visa (such as a tourist visa) with the apparent intention of getting married to a U.S. citizen or applying for a green card, and then quickly file for Adjustment of Status.
The rule essentially states that if an individual marries a U.S. citizen or files an AOS application within 90 days of entering the U.S. on a nonimmigrant visa, USCIS may presume that the individual had preconceived intent to get married and apply for a green card before entering the U.S. This presumption can lead to a denial of the AOS application on the grounds of fraud or misrepresentation.
The 90-Day Rule doesn’t mean that filing for Adjustment of Status within 90 days of entry is automatically fraudulent. Rather, it’s a policy that allows USCIS officers to scrutinize cases more closely if there’s evidence suggesting that the individual’s true intent was to immigrate from the beginning, rather than visit temporarily.
It’s important to note that the 90-Day Rule is not an official law or regulation; it’s a policy guideline followed by USCIS officers. Each case is evaluated individually, and officers consider various factors beyond just the timing of the AOS application, such as the individual’s overall immigration history, actions, and intentions.
If you’re considering applying for Adjustment of Status within 90 days of entering the U.S. on a nonimmigrant visa, it’s advisable to consult with an immigration attorney or seek professional advice to ensure that your application is filed correctly and that you’re following the appropriate procedures to avoid potential issues with the 90-Day Rule.
What happens if I do not comply with the 90-Day Rule?
If you do not comply with the 90-Day Rule when applying for Adjustment of Status (AOS) in the United States, it can lead to complications and potential consequences for your immigration case. Here’s what could happen if you disregard the rule:
- Increased Scrutiny and Denial: If you marry a U.S. citizen or file an AOS application within 90 days of entering the U.S. on a nonimmigrant visa, USCIS may presume that you had preconceived intent to immigrate when you entered the U.S. This presumption can lead to increased scrutiny of your case. USCIS officers might request additional documentation, evidence, or interviews to determine your true intentions. If they find evidence suggesting that you intended to immigrate before entering the U.S., your AOS application could be denied on the grounds of fraud or misrepresentation.
- Possible Immigration Violations: Failing to comply with the 90-Day Rule could result in allegations of immigration fraud or misrepresentation. If USCIS determines that you entered the U.S. with the intent to get married and apply for a green card without disclosing it during the visa application process, you could be found in violation of immigration laws.
- Bar from Re-entry: If your AOS application is denied due to noncompliance with the 90-Day Rule or for any other reason involving fraud or misrepresentation, you could be subject to immigration penalties. In some cases, you might be barred from re-entering the U.S. for a certain period, or you might face difficulties in obtaining future visas or green cards.
- Legal Consequences: If USCIS believes that you intentionally misrepresented your intentions, it could lead to more serious consequences beyond just immigration issues. It’s possible that you could face legal penalties or even criminal charges if fraud is involved.
To avoid these potential consequences, it’s important to understand the rules and guidelines surrounding AOS applications and the 90-Day Rule. If you have questions or concerns about your specific situation, it’s strongly recommended to consult with an experienced immigration attorney who can provide you with accurate advice and guide you through the process in compliance with immigration laws.
90 day rule and marriage green card applications
The “90-Day Rule” in the context of marriage-based green card applications refers to a guideline used by U.S. Citizenship and Immigration Services (USCIS) to assess the authenticity of marriages between foreign nationals and U.S. citizens when the foreign national enters the U.S. on a nonimmigrant visa and subsequently applies for Adjustment of Status (AOS) based on marriage to a U.S. citizen.
Specifically, if an individual marries a U.S. citizen and files for AOS within 90 days of entering the U.S. on a nonimmigrant visa (such as a tourist visa), USCIS may view this as a potential indicator of preconceived intent to enter the U.S. with the intention of getting married and applying for a green card. This doesn’t mean that filing within 90 days is automatically fraudulent, but USCIS officers may scrutinize the case more closely to ensure that the marriage is genuine and not solely for immigration purposes.
To determine the legitimacy of the marriage, USCIS officers will consider various factors, including the timeline of the relationship, the couple’s interactions and shared experiences, evidence of a bona fide marital relationship, and whether the marriage was entered into in good faith.
It’s important to note that the 90-Day Rule is not a strict law but rather a guideline that USCIS officers use when evaluating cases. If a marriage is found to be genuine and the applicant can provide sufficient evidence of a bona fide relationship, the application can still be approved.
To navigate the complexities of the marriage-based green card process and the 90-Day Rule, it’s highly recommended to consult with an experienced immigration attorney. They can help ensure that you understand the requirements, gather the necessary evidence, and file your AOS application correctly to increase the likelihood of a successful outcome.