If you enter the U.S. on a temporary visa—like a tourist or work visa—with plans to marry a U.S. citizen or green card holder and live permanently in the U.S., this is considered a misrepresentation of your purpose for coming into the country. Specifically, if you:
- Marry a U.S. citizen or green card holder to stay permanently in the U.S., or
- Apply for a marriage-based green card
The U.S. government treats both of these actions as unlawful. If you’re caught doing this, you may face serious consequences, including being placed in removal proceedings (deportation) or having your visa revoked (invalidated).
However, there is an exception for those who entered the U.S. with a temporary visa, fully intending to leave the country before their visa expired, but whose plans changed unexpectedly. For example, you may have come to the U.S. as a tourist, and during your stay, you decided to marry a U.S. citizen or green card holder and apply for a marriage-based green card.
If you’re in this situation, it’s important to be aware of the 90-day rule. This rule has specific guidelines that can affect your application if you marry and apply for a green card soon after entering the U.S. on a temporary visa.
What Should I Do if I Lose My EAD Card?
Once your green card application is approved and you become a Lawful Permanent Resident (LPR)—usually after an interview—you no longer need an Employment Authorization Document (EAD) to work in the U.S. Your green card will serve as proof of your legal right to work.
However, if you’re still waiting for your marriage-based green card interview and lose your EAD card, you should take action. In general, you need to file a new Form I-765 with U.S. Citizenship and Immigration Services (USCIS) to replace the lost EAD card.
The good news is that no fee is required for this replacement while your Form I-485 (adjustment of status) application is still pending.
Once your Form I-765 is filed and pending with USCIS, your work authorization will be automatically extended for up to 180 days. This ensures you can continue working while waiting for your green card.
Consequences of Violating the 90-Day Rule
The 90-day rule is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to assess the intentions of nonimmigrants shortly after their entry into the United States. If a nonimmigrant visa holder engages in certain activities within the first 90 days of their stay, such as marrying a U.S. citizen or applying for a green card, USCIS presumes that they misrepresented their original intent when entering the U.S. This presumption can lead to serious consequences.
Breaking the 90-Day Rule and Presumption of Visa Fraud
When an individual violates the 90-day rule, USCIS may presume that they committed visa fraud. This presumption arises because engaging in activities inconsistent with a temporary visa suggests that the individual intended to immigrate rather than return home. Such actions can include:
- Marrying a U.S. citizen
- Applying for permanent residency (green card)
- Enrolling in an educational program without proper authorization
As a result, violators may face severe repercussions, including:
- Denial of visa or green card applications: USCIS may deny requests for permanent residency based on the presumption of misrepresentation.
- Revocation of temporary visas: If a visa is revoked, individuals may be required to leave the U.S. immediately.
- Long-term consequences: Future visa applications may be complicated or denied due to prior violations.
Risk of Barred Reentry or Deportation
In addition to immediate consequences, breaking the 90-day rule can lead to being barred from reentry into the U.S. or facing deportation. If USCIS determines that an individual misrepresented their intentions, they may be deemed inadmissible for future entries. This can result in:
- A 10-year bar from reentering the U.S. for individuals who are found inadmissible due to fraud or misrepresentation.
- Potential deportation proceedings if already present in the U.S., which can further complicate one’s immigration status and future applications.
What Happens if You Marry a U.S. Citizen Within 90 Days?
Marrying a U.S. citizen within 90 days of entering the country can significantly impact your immigration application.
Impact on Immigration Application
If you marry during this period, USCIS may interpret this as evidence that you entered the U.S. with the intent to immigrate, contradicting your original visa application. This could lead to:
- Increased scrutiny of your marriage and application for adjustment of status.
- Possible denial of your application if USCIS believes you misrepresented your intent.
Interpretation by USCIS or Consular Officers
USCIS officers are trained to look for signs of misrepresentation. Marrying within 90 days raises red flags about your intentions upon entry. Officers may require additional documentation to prove that your marriage is genuine and not solely for immigration benefits.
Adjustments and Strategies
To mitigate risks associated with marrying within this timeframe:
- Document genuine intent: Provide evidence such as photographs, joint financial accounts, and affidavits from friends and family attesting to your relationship.
- Consider waiting: If possible, delay marriage until after 90 days to avoid complications with your immigration status.
How to Explain a Violation of the 90-Day Rule in Your Application
If you have violated the 90-day rule, it’s essential to explain your circumstances clearly in your application.
Step-by-Step Guide
- Gather Documentation: Collect all relevant documents that support your explanation, such as travel itineraries, correspondence related to your marriage or application, and any evidence demonstrating genuine intent.
- Write a Letter of Explanation:
- Clearly state why you violated the rule.
- Provide context around your situation (e.g., unexpected personal circumstances).
- Emphasize your genuine intent when entering the U.S.
- Include Supporting Evidence: Attach documents that corroborate your claims and demonstrate that you did not intend to deceive immigration authorities.
Tips for Showing Genuine Intent
- Be honest and transparent about your situation.
- Highlight any significant changes in circumstances since entering the U.S.
- Show willingness to comply with immigration laws moving forward.
The 90-Day Rule and the Visa Waiver Program (VWP)
Travelers entering the U.S. under the Visa Waiver Program (VWP) must also be cautious regarding the 90-day rule.
Special Considerations for VWP Travelers
Individuals using VWP are typically allowed a stay of up to 90 days without applying for a visa. However, if they attempt to change their status or marry during this period, they risk being presumed as having entered with immigrant intent.
Complications for Future Visa Applications
Breaking the 90-day rule while on VWP can complicate future visa applications significantly. It may lead to:
- Increased scrutiny on subsequent applications.
- Potential denials based on previous violations.
Steps for Adjusting Status After Using VWP
If you wish to adjust your status after entering under VWP:
- Consult an immigration attorney early in the process.
- Ensure you have valid grounds for adjustment that do not conflict with prior actions taken within the first 90 days.
- Prepare comprehensive documentation demonstrating compliance with immigration laws.
Appealing a Decision Based on the 90-Day Rule Violation
If your application is denied due to a violation of the 90-day rule, there are options available for appeal.
Options for Appealing Denials
- File an Appeal: You can file an appeal against USCIS’s decision through Form I-290B within 30 days of receiving notice.
- Seek Legal Representation: Engaging an experienced immigration attorney can guide the appeal process.
Legal Processes and Role of Immigration Lawyers
Immigration lawyers play a critical role in navigating appeals by:
- Analyzing case details and identifying grounds for appeal.
- Assisting in gathering supporting evidence and documentation.
- Representing you during hearings or discussions with USCIS.
Gathering Supporting Evidence
To strengthen your appeal:
- Compile all relevant documentation that supports your case.
- Provide evidence showing that you did not intend to violate immigration laws upon entry into the U.S.
If you need assistance with this process or have any questions about how to replace a lost EAD card, Law and Visas can help guide you through the steps to ensure your work authorization remains valid.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a T Visa or a Family-Based 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 and coordinate 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 visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you
