What is the 90 day rule for I-130?

The 90-Day Rule Myth and the I-130 Petition: Understanding the Risks

The internet is rife with misinformation surrounding immigration, and a common misconception involves a so-called “90-day rule” for I-130 petitioners. This article clarifies the reality: there’s no official 90-day rule tied directly to the I-130 petition itself. However, actions taken by a foreign national within the initial months of their stay in the U.S. on a non-immigrant visa can significantly impact their future Green Card application, even if that application is based on an I-130 petition filed by a family member.

The I-130, Petition for Alien Relative, is the foundational document for many family-based Green Card applications. It’s the form a U.S. citizen or lawful permanent resident files to sponsor a qualifying relative for immigration. The I-130’s approval is a crucial first step, but it doesn’t guarantee a Green Card. The subsequent steps, including consular processing or adjustment of status, involve separate evaluations of the applicant’s eligibility.

The concern surrounding a perceived “90-day rule” stems from the broader principle that a non-immigrant visa holder’s actions must be consistent with the purpose of their visa. Violating the terms of their visa, particularly within a short timeframe of entry, raises significant red flags. While there isn’t a specific 90-day cutoff, actions taken within the first few months – or even the entire duration – of a stay can be scrutinized heavily.

These actions could include:

• Misrepresenting intent: Entering the U.S. on a tourist visa while secretly intending to immigrate permanently.
• Working without authorization: Engaging in employment that violates the terms of their non-immigrant visa.
• Receiving public benefits: Depending on the visa type, accepting certain forms of public assistance may be grounds for denial.
• Committing crimes: Any criminal activity significantly increases the likelihood of denial.

These actions don’t invalidate the I-130 petition itself, but they can severely hamper the applicant’s ability to obtain a Green Card. Immigration officers will review the entire history of the applicant’s presence in the U.S., and inconsistencies or violations can lead to:

• Visa denial: The applicant’s non-immigrant visa could be revoked.
• Green Card denial: Even with an approved I-130, the application for adjustment of status or consular processing could be denied.
• Potential ban from future entry: Severe violations could result in a permanent ban from entering the U.S.

Therefore, while there’s no formal “90-day rule,” foreign nationals should understand that maintaining strict adherence to their visa’s terms throughout their entire stay in the U.S. is crucial for a successful Green Card application, regardless of whether an I-130 petition has been filed. Consulting with an experienced immigration attorney is highly recommended to ensure compliance with all applicable laws and regulations. The consequences of violating visa terms can be severe and long-lasting.