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. 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 for me. 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 fictional, it illustrates how consular officers examine applicants’ past behaviors to identify potential breaches 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 states 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.
What are the consequences of being deemed inadmissible under the 90-day rule?
Being deemed inadmissible under the 90-Day Rule can significantly impact individuals, especially those entering the U.S. on nonimmigrant visas, such as tourists or business visitors. Here’s a detailed overview of the potential repercussions:
Consequences of Violating the 90-Day Rule
- Presumption of Misrepresentation:
- If you engage in activities inconsistent with your visa status (e.g., applying for a change of status, working, or marrying) within 90 days of entering the U.S., immigration officials may presume that you misrepresented your intentions at the time of admission. This presumption can lead to serious complications in your immigration status and future applications.
- Denial of Future Visa Applications:
- A violation of the 90-day Rule can result in the denial of future visa applications. If immigration authorities conclude that you misrepresented your intentions, obtaining any type of visa in the future may prove challenging, as this could be viewed as a breach of trust.
- Inadmissibility Findings:
- Engaging in unauthorized activities within the first 90 days can lead to formal findings of inadmissibility under U.S. immigration law. As a result, you may face a bar from re-entering the U.S. for a specified period, depending on the nature of your violation.
- Difficulty Overcoming Presumptions:
- Once deemed inadmissible due to a violation of the 90-Day Rule, the burden shifts to you to prove that your actions were not premeditated or contrary to your stated intentions at entry. This can be a difficult standard to meet and may require substantial evidence.
- Impact on Adjustment of Status Applications:
- If you attempt to adjust your status (for example, to become a permanent resident) after violating the 90-Day Rule, your application may be denied based on the presumption that you entered with preconceived intent to immigrate. This can complicate or entirely derail your path to lawful permanent residency.
- Potential for Removal Proceedings:
In severe cases, a significant violation of your visa terms could lead to removal proceedings, resulting in an order to leave the U.S. and potentially facing bans on re-entry.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a B-1/B-2 Visitor Visa or F-1 Student Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
