What is the 90 days rule?

The 90-Day Rule: Navigating the Perils of Recent Arrival in the US

Applying for an immigrant visa to the United States is a significant undertaking, requiring meticulous planning and adherence to strict regulations. While the process itself is complex, one often overlooked aspect can dramatically impact an applicant’s chances of success: the unspoken, yet critically important, “90-day rule.” This isn’t a codified law with a specific title, but rather a practical application of US immigration principles concerning the potential for visa fraud and intent.

The core principle hinges on the actions of an individual within the three months following their arrival in the United States on a non-immigrant visa. During this initial 90-day period, any actions that contradict the stated purpose of their non-immigrant visa can severely jeopardize their future ability to obtain an immigrant visa. This means that activities suggesting an intent to immigrate from the very beginning—even before the formal immigrant visa application is filed—can be interpreted as a deliberate attempt to circumvent immigration laws.

For example, someone entering on a tourist visa (B-2) might be viewed with suspicion if, within 90 days of arrival, they:

• Begin the process of establishing permanent residency: This could include purchasing property, establishing a business, or transferring significant assets to the US.
• Enroll in extensive academic programs: While short-term courses might be acceptable, enrolling in a multi-year degree program immediately upon arrival on a tourist visa would raise red flags.
• Secure long-term employment: Accepting a job offer or beginning work significantly beyond the scope of a permissible temporary employment authorization would be detrimental.
• Make statements indicating a clear intention to remain permanently: This includes expressing a desire to remain in the US indefinitely to family members, friends, or immigration officials.

These actions, seemingly innocuous in isolation, paint a picture of a pre-planned intent to immigrate, bypassing the established legal pathways. US Citizenship and Immigration Services (USCIS) will scrutinize applications with extreme care if such actions are discovered. The result could range from denial of the immigrant visa application to a finding of inadmissibility, effectively barring the applicant from entering the US for a significant period, or even permanently.

It’s crucial to understand that the 90-day period isn’t a hard and fast rule with a precise timeframe. USCIS will assess each case individually, considering the totality of circumstances. Factors like the applicant’s ties to their home country, the nature of their non-immigrant visa, and the clarity of their stated intentions will all play a role in the decision-making process.

Therefore, meticulous planning and complete transparency are paramount. Individuals seeking an immigrant visa should carefully consider their actions during the initial 90 days following their arrival on a non-immigrant visa. Consulting with an experienced immigration attorney is strongly recommended to navigate this complex area and ensure compliance with all relevant regulations. Prevention is far more effective and less costly than attempting to rectify a situation after a visa application has been denied due to actions taken within this critical window.