Category: Immigration

Consequences of the new 90-day rule

The former 30/60 day rule is used by the consular officers and adjudication officers of the USCIS in determining whether a ground of inadmissibility known as “misrepresentation” exists in applicants for visas. Under the law, a person who misrepresented himself/herself before an immigration or consular officer is inadmissible and may be denied a future visa.

The old law looks into activities of the visa applicant that occurred within 30-60 days of presence in the United States. These includes engaging in unauthorized employment or marrying a US citizen and taking up residence in the United States after marriage. Under the prior rule, if the status violation or conduct occurred more than 30 days but less than 60 days after entry, no presumption of misrepresentation would apply unless the facts gave rise to a “reasonable belief” that the individual misrepresented his or her intent, he or she would be provided the opportunity to present evidence to the contrary. Continue reading “Consequences of the new 90-day rule”