If you entered the United States on a visitor visa or another temporary visa and are considering marriage or applying for a green card, you may have heard about the USCIS 90-day rule. This rule is frequently misunderstood and can have serious consequences if not handled correctly.
What Is the USCIS 90-Day Rule?
The 90-day rule is a guideline used by U.S. immigration officers to evaluate whether a nonimmigrant misrepresented their intent when entering the United States.
If a person engages in activities that are inconsistent with their visa status within 90 days of their most recent entry, immigration officers may presume that the person intended to immigrate at the time of entry.
Common actions that may trigger scrutiny include:
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Marrying a U.S. citizen or lawful permanent resident
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Filing Form I-485 for adjustment of status
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Working without authorization
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Enrolling in school without proper approval
This presumption can lead to a finding of misrepresentation unless it is successfully rebutted.
Is the 90-Day Rule an Actual USCIS Law?
No. The 90-day rule is not written into the Immigration and Nationality Act or USCIS regulations. It originates from the Department of State’s Foreign Affairs Manual.
However, USCIS officers frequently rely on the same reasoning when reviewing adjustment of status applications. USCIS evaluates intent based on the totality of the circumstances, even if more than 90 days have passed.
Why the 90-Day Rule Is Important
Most temporary visas, such as B-1 and B-2 visitor visas or ESTA entries, require nonimmigrant intent. This means the individual must intend to stay temporarily and return to their home country.
If USCIS believes that a person planned to marry or apply for a green card before entering the U.S., it may determine that the entry involved misrepresentation. This can result in:
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Denial of adjustment of status
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A permanent inadmissibility finding under INA § 212(a)(6)(C)(i)
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Future visa denials
Who Is Most Affected by the 90-Day Rule?
The rule most commonly affects individuals who entered the U.S. on:
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B-1 or B-2 visitor visas
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Visa Waiver Program entries
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F-1 student visas that are later violated
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Other nonimmigrant visas without dual intent
Visas that allow dual intent, such as H-1B or L-1 visas, are generally not subject to the same concerns.
Does Waiting 90 Days Guarantee Approval?
No. Waiting 90 days may reduce risk, but it does not guarantee approval. USCIS can still question intent if there is evidence that the applicant planned to immigrate before entering the U.S.
Similarly, filing within 90 days does not automatically mean denial. The presumption is rebuttable, meaning the applicant can present evidence showing that their plans changed after arrival due to genuine and unforeseen circumstances.
How to Avoid Problems With the 90-Day Rule
To minimize risk:
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Do not misrepresent your intent at the visa interview or port of entry
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Avoid taking immigration-related actions immediately after arrival
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Document any legitimate change in circumstances after entry
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Speak with an immigration attorney before filing for adjustment of status
Each case is fact-specific, and small details can make a significant difference.
Adjustment of Status After Entering on a Visitor Visa
Adjustment of status after entering on a visitor visa is legally possible, especially for immediate relatives of U.S. citizens. However, the timing of marriage and filing is critical.
USCIS focuses heavily on whether the intent to immigrate existed before entry, not simply on how many days have passed.
Conclusion
The USCIS 90-day rule is a powerful tool used to evaluate intent and credibility in immigration cases. While it is not a formal law, it can strongly impact marriage-based green card applications and adjustment of status cases.
If you entered the United States on a temporary visa and are considering marriage or permanent residence, getting legal guidance early can help prevent costly mistakes.
Relief Law provides experienced immigration counsel to help clients navigate the 90-day rule and adjustment of status process with confidence.