What is the 30-60-90-day rule in immigration?

Decoding the 30-60-90 Day Rule in US Immigration: A Guide for Applicants

Navigating the complexities of US immigration law can feel like traversing a labyrinth. Among the many rules and regulations, the “30-60-90 day rule” often causes confusion and anxiety for aspiring immigrants. Understanding this rule is crucial for ensuring your application is processed smoothly and avoiding potential accusations of misrepresentation.

So, what exactly is the 30-60-90 day rule, and why does it matter?

Essentially, this rule relates to the timing of immigration applications filed shortly after arriving in the United States on a temporary visa, such as a tourist visa (B-1/B-2) or a student visa (F-1). It’s a guideline used by United States Citizenship and Immigration Services (USCIS) to assess whether an applicant may have misrepresented their true intentions when they initially entered the country.

The Evolution of the Rule:

Historically, the 30-60-90 day rule was based on an internal policy memorandum, not explicitly codified in law. Before 2017, the guidance suggested that:

• Applications filed within 30 days of entry: These were highly scrutinized and often raised red flags. USCIS might suspect that the applicant misrepresented their intentions at the port of entry.
• Applications filed between 30 and 60 days of entry: These applications were also reviewed closely, but the suspicion of misrepresentation wasn’t as strong as with applications filed within 30 days.
• Applications filed after 60 days of entry: These were generally considered acceptable, with less scrutiny on potential misrepresentation.

The 90-Day Standard: The Current Reality

In 2017, USCIS updated its policy regarding the 30-60-90 day rule. Now, a uniform 90-day standard is applied across all application types. This means:

• Any attempt to adjust status or otherwise seek a change in immigration status within 90 days of entry to the US may raise concerns about pre-conceived intent. USCIS will scrutinize the application more closely to determine if the individual misrepresented their true purpose when obtaining the visa.

What Happens If You Apply Within 90 Days?

Applying for an adjustment of status or another immigration benefit within 90 days of entry doesn’t automatically lead to denial. However, it triggers a higher level of scrutiny. USCIS will likely request additional evidence to determine if you had the intention of immigrating to the US before entering the country on a temporary visa.

You’ll need to demonstrate that your intentions changed after your arrival. Providing credible evidence is vital. This evidence might include:

• Unexpected life events: Did a sudden illness, job offer, or relationship change your plans?
• Documentary evidence: Gather emails, letters, or other documents that support your claim.
• Affidavits: Statements from friends, family, or colleagues who can corroborate your change of plans.

Why Does the Rule Exist?

The underlying principle is to prevent visa fraud. Temporary visas are intended for short-term visits, such as tourism, business, or education. If someone enters the US on a temporary visa with the pre-conceived intent of staying permanently, they are essentially circumventing the legal immigration process.

Important Considerations:

• The rule is a guideline, not a law: USCIS officers have discretion in applying the rule based on individual circumstances.
• Honesty is paramount: Always be truthful about your intentions, both at the port of entry and in your immigration applications.
• Seek legal advice: If you have concerns about the 30-60-90 day rule and its impact on your case, consult with an experienced immigration attorney.

In conclusion, while the 30-60-90 day rule isn’t etched in stone, understanding it is vital. If you find yourself in a situation where you need to apply for an immigration benefit shortly after entering the US on a temporary visa, be prepared to provide compelling evidence to demonstrate that your intentions evolved after your arrival. Seeking professional legal guidance is always recommended to navigate this potentially complex aspect of US immigration law.