What You Need to Know About the New 90 Day Rule

As Miami immigration lawyers and Austin immigration lawyers, we sometimes get questions about the 90 day rule within the immigration context. Below are some frequently asked questions.

What is the 90 day rule?
The 90-day rule subjects a nonimmigrant to a presumption of having made a willful material misrepresentation at the time of admission or application for a nonimmigrant visa when that nonimmigrant enters the United States and within 90 days engages in conduct inconsistent with his or her nonimmigrant status. Should you have any questions in regard to this, please contact your Miami immigration lawyers or Austin immigration lawyers.

What are some examples of “inconsistent conduct?”

According to the The Foreign Affairs Manual at 9 FAM 302.9-4(B)(3) , “inconsistent conduct” includes, but is not limited to:

  • working without authorization
  • enrolling in school when academic study is not authorized by one’s nonimmigrant status
  • marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States when one is in B or F status
  • undertaking any other activity for which a change of status or adjustment of status would be required, without the benefit of such a change or adjustment.

If you have any questions in regard to what inconsistent conduct entails within the context of immigration law, please conduct your Miami immigration lawyer or Austin immigration lawyer.

What happens if a U.S. consular officer becomes aware of derogatory information indicating that I may have misrepresented my intentions?
In the event that a U.S. consular officer “becomes aware of derogatory information indicating that an alien in the United States who has a valid visa, may have misrepresented his or her intentions to you at the time of visa application, or to DHS at the port of entry or in a filing for an immigration benefit”, they are directed to “bring the derogatory information to the attention of the Department for potential revocation.” If you have any questions in regard to this, please contact your Miami immigration lawyer or your Austin immigration lawyer.

What are the consequences if I am found that I have misrepresented my intentions?
Section 212(a)(6)(C) of the Immigration and Nationality Act states that any alien who, by willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other immigration benefit is inadmissible and may be barred for life from entering the U.S. These are very serious consequences. If you find yourself in this situation, you may want to speak with a Miami immigration attorney or an Austin immigration attorney as soon as possible.

What do I need to be aware of as an immigrant alien?
I would typically caution aliens who have entered the U.S. on a B or F visa, or any other nonimmigrant visa that does not allow immigrant intent, or the VWP, of the risks of filing an adjustment of status, extension of status, or change of status within 90 days after entry.  Furthermore, even if such filings occur after 90 days after entry, the alien may need to demonstrate that an event occurred, which caused them to change plans and desire to change U.S. immigration status. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer or an Austin immigration lawyer.

If you would like more information on the 90 Day Rule, obtaining a green card, or obtaining U.S. citizenship, please contact Miami immigration lawyer and Austin immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit Murray & Silva, P.A.’s website at www.mmurraylaw.com.