Every person applying for a visa and planning a visit to the United States is most likely to experience certain levels of excitement as well as stress. ” The following rule was established in 2017 by the U. S. Department of State and became a replacement for the widely-known 30/60 Rule. And more specifically, knowing the specifics of this rule and how to stay out of the way of visa fraud is critical to avoiding this section of the immigration law and the serious penalties that are in place under I. N. A. 212(a)(6)(C) that are in effect.
The Consequences of Visa Fraud
It’s crucial to understand the 90-Day Rule, especially the risks of visa fraud and its penalties. Committing visa fraud or misrepresenting facts can lead to a lifetime ban from the U.S. Therefore, honesty is essential when applying for a visa. Although consular officers may ask questions, answer truthfully if prompted.
Detecting Visa Fraud: A Case Example
You might be wondering how consular officers or even the embassies themselves can tell whether the information given is fake or not. Let’s illustrate this with a hypothetical scenario:
Here is a story of a Senegalese woman, namely Yvette who opted for a J-1 visa that enables cultural exchange visa holders to work for a sponsored program in the United States for a limited period. With the help of this visa, Yvette was able to work at a pre-determined summer camp in the United States for four months.
Much later, Yvette has indeed married a U. S. citizen, and she is seeking an immigrant visa at the U. S. Embassy in Dakar. While she is undertaking her application procedures, they quiz her on the trips she has taken to the United States. Surely her program sponsor will inform the DOS that she violated the conditions of her stay in the USA and the terms of the J-1 visa by working at the summer camp.
Due to the 90-Day Rule, DOS will see Yvette’s post-entry activities as visa fraud because working for her cousin did not match the J-1 visa’s purpose. To accept her embassy job, Yvette must prove she did not commit visa fraud and intended to maintain her J-1 status when obtaining and entering the U.S.
Although this story is concocted and not real, this example shows how consular officers inspect applicants’ past behaviors in an attempt to identify cases that may signal a breach of the visa 90-day rule.
Differences Between the 30/60 Rule and the 90-Day Rule
Before jumping to further exploration of the 90-Day Rule as an important strategy for success, it is necessary to pay attention to the differences between that practice and the previous practice known as the 30/60 Rule.
Under the 30/60 Rule, consular and USCIS officers previously presumed that applicants lied if their conduct within 30 days of entry into the U.S. was inconsistent with the terms of their visa. Time frames of 30 to 60 days did not raise suspicion of fraud but further actions in particular cases can. The respondents also acknowledged that after 60 days of conduct of any kind, no presumption arises of misrepresentation.
The 90-Day Rule allows consulate officers to assume misrepresentation occurred within 90 days of entry, or later if evidence supports it. This policy gives USCIS officials more flexibility in handling immigration fraud cases and misrepresentations for visas or benefits.
Scrutiny During Adjustment of Status
Thus, the 90-Day Rule applies not only to consular officers but also to USCIS officials, especially when it comes to the applicants who applied for the change of status to permanent residence in the U.S. USCIS has adopted the 90-Day Rule and stated that officers should only consider analytical tools.
Those who adjust their status received benefits like adjustment of status and within ninety days of their entry into the U. S or engaged in any other activity contrary to their non-immigrant status they might be scrutinized. Thus, while it is technically legal for the hopeful bride or groom to marry in the U. S. on a tourist visa or VWP, it is unlawful to mislead the U. S. immigration authorities for the purpose.
In conclusion, the 90-Day Rule is crucial for U.S. visa applications and travel. Knowing visa fraud consequences, detection methods, and the differences between the 30/60 Rule and the 90-Day Rule is essential for navigating U.S. immigration.
