The 90 Day Rule.
JUL 28, 2022

Have you ever heard of the 30-day rule? What about the 60 days? Even the 90 days? In today's blog we will be explaining what the 90-day rule in immigration proceedings consists of.

In a simple way, the 90-day rule establishes that any person who enters the United States, with a non-immigrant visa, and intends to adjust their status within the United States, either by getting married, or applying directly to adjustment of status within the first 90 days of entering the United States, could be presumed to have misrepresented, or lied, their true intentions to obtain a nonimmigrant visa.

The 90-day rule establishes that USCIS could presume that the applicant for adjustment of status in the United States lied, falsified, or misrepresented their true intentions when obtaining a visa, whether this visa is a type B, J or the ESTA program, if the person contracts marriage, or file an application for adjustment of status within the first 90 days after entering the United States.

This rule is intended to discourage people from using their tourist or study visas to adjust their status within the United States. The key word about this rule is presumption. Persons entering the United States on any type of visa have the right to change their mind once inside the United States.

This rule is applicable to all those persons with non-immigrant visas, but again it must be reiterated that it only establishes a presumption, which could be refuted by the visa holder, through any evidence that he or she could present.

If you need help with your immigration process, do not hesitate to call us. In Y. Morejon Attorney, P.A. we can help you. Our firm works in the areas of immigration, family, general civil and probate. The first consultation is free. Call us today and schedule your appointment. At Y. Morejon Attorney, P.A., your problem is our problem.

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