How strict is the 90 day rule?

Navigating the Strict 90-Day Rule for Immigrant Visa Applications

Immigrant visa applicants must carefully consider the implications of the 90-day rule, which places a stringent timeframe on certain types of applications. This rule aims to prevent marriage or visa applications that are motivated by immigration benefits rather than a genuine relationship or desire to reside in the United States.

What is the 90-Day Rule?

The 90-day rule applies to applications for adjustment of status (AOS) or consular processing for individuals who:

• Entered the United States as visitors or under the Visa Waiver Program
• Married a U.S. citizen or lawful permanent resident within 90 days of their arrival

Presumption of Intent Misrepresentation

Submitting an AOS or consular processing application within the 90-day period creates a strong presumption that the applicant intended to misrepresent their true purpose for entering the U.S. This presumption places the burden of proof on the applicant to demonstrate that their marriage or intention to reside in the U.S. is genuine.

Substantial Evidence Required

To overcome the presumption of intent misrepresentation, applicants must provide substantial evidence to the contrary. This evidence may include:

• Proof of a bona fide relationship prior to the marriage or visa application
• Documentation of financial and emotional ties to the U.S.
• Evidence of the applicant’s intent to reside permanently in the U.S.

Consequences of Violating the 90-Day Rule

Violating the 90-day rule can result in:

• Denial of the AOS or consular processing application
• Potential ineligibility for future immigration benefits
• Deportation proceedings

Avoiding the 90-Day Rule Implications

To avoid the potential consequences of violating the 90-day rule, individuals should:

• Consider waiting beyond the 90-day period before marrying a U.S. citizen or applying for a visa
• Consult with an experienced immigration attorney to assess their situation and determine the appropriate course of action

Conclusion

The 90-day rule is a significant consideration for immigrant visa applicants who entered the U.S. as visitors or visa waiver recipients. By understanding the rule and its implications, applicants can make informed decisions and avoid potential pitfalls that could jeopardize their immigration status.