Under the Trump Administration, the Department of State (DOS) adopted a policy guiding its agents to determine when a noncitizen made a misrepresentation. This policy became known as the 90-day rule. Since this guidance stated that the DOS agents can presume a noncitizen made a willful misrepresentation if the noncitizen took an action inconsistent with the intent of their nonimmigrant status within 90 days from when they entered the United States.
Some examples of inconsistent actions the DOS provides include: a B1/B2 visitor engaging in unauthorized work; taking part in a course of study when the nonimmigrant status does not allow that; a B1/B2 visitor marrying a US citizen and establishing their residence in the United States, or taking part in an activity for which an adjustment or change of status is required while not adjusting or changing the status.
The United States Citizenship and Immigration Services (USCIS) likewise adopted the DOS’ 90-day rule. Although the USCIS stated that the 90-day rule was not binding on its agents and officers, it stated that USCIS officers must consider all factors in a case, including the timing of the violation or inconsistent action. However, on July 16, 2021, USCIS removed the references to the 90-day rule from its Policy Manual.
If you have any questions regarding any immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.