Navigating the 90-Day Rule: A Comprehensive Guide to Adjustment of Status

“90-day rule” in the context of Adjustment of Status (AOS) in the U.S. refers to a guideline used by U.S. Citizenship and Immigration Services (USCIS) to assess whether a person has violated the terms of their non-immigrant status.
The 90-day rule is not an official regulation but is based on USCIS policy. It suggests that if an individual engages in certain activities that are inconsistent with their non-immigrant status (such as marrying a U.S. citizen or permanent resident) within 90 days of entering the U.S., the USCIS may presume that the individual had preconceived intent to immigrate when they entered the country on a non-immigrant visa.
Engaging in these activities within the first 90 days of entry doesn’t automatically result in a violation, but it may raise questions about the individual’s intent when entering the U.S. USCIS officers may scrutinize such cases more closely during the AOS process.
How does the 90 day rule impact my Adjustment of Status application?
The “90-day rule” can impact your Adjustment of Status (AOS) application if you engage in certain activities within the first 90 days of entering the U.S. on a non-immigrant visa. While not an official regulation, this rule is based on USCIS policy and involves an assessment of whether your actions suggest a preconceived intent to immigrate when you entered on a non-immigrant visa.
If you marry a U.S. citizen or permanent resident or take other steps toward permanent residency within the first 90 days of your entry, USCIS may scrutinize your case more closely. Engaging in such activities may lead USCIS to presume that you misrepresented your intentions when you entered on a non-immigrant visa.
However, it’s important to note that the 90-day rule is not a strict rule, and each case is considered individually. USCIS officers have discretion in evaluating whether there was a misrepresentation of intent. If you have a legitimate reason for the change in circumstances after entry, and if you did not have the intention to immigrate when you entered the U.S., your AOS application may still be approved.
If you find yourself in a situation where the 90-day rule may apply to your case, it’s highly advisable to consult with an experienced immigration attorney. They can provide guidance based on the most current policies and assist you in presenting your case in the best possible light to USCIS. Immigration policies can change, so it’s essential to stay informed and seek professional advice for your specific situation.
How to comply with the 90 day rule when filing an Adjustment of Status application?
Complying with the 90-day rule when filing an Adjustment of Status (AOS) application involves being aware of the potential implications of your actions within the first 90 days of entry to the U.S. on a non-immigrant visa. Here are some general guidelines to consider:
- Understand the Rule: Be aware of the activities that might trigger scrutiny under the 90-day rule. These activities include marrying a U.S. citizen or permanent resident or taking steps toward permanent residency within the first 90 days of entry.
- Wait Until After 90 Days: If possible, consider delaying any activities that could be interpreted as demonstrating immigrant intent until after the initial 90-day period has passed. This may help avoid unnecessary complications during the AOS process.
- Seek Legal Advice: Consult with an experienced immigration attorney to assess your specific situation. An attorney can provide guidance based on your circumstances and help you understand how the 90-day rule may apply to your case.
- Document Intent at Entry: If you had a change in circumstances after entering the U.S., be prepared to provide documentation demonstrating that your intent at the time of entry was consistent with the terms of your non-immigrant status. This documentation may include travel itineraries, statements, or other evidence.
- Be Honest in Your AOS Application: When completing your AOS application, be truthful and thorough in providing information about your activities and intentions in the U.S. USCIS values transparency, and misrepresentation can lead to serious consequences.
- Prepare a Strong AOS Application: Regardless of the 90-day rule, a well-prepared AOS application is crucial. Ensure that all required forms are completed accurately, and include all necessary supporting documents. This can help demonstrate your eligibility for adjustment of status.