What is the point of the 90 day rule?

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U.S. Citizenship and Immigration Services employs a 90-day guideline to evaluate the veracity of non-immigrant visitors claims. This informal rule scrutinizes actions taken soon after arrival, comparing them to the stated purpose of their visit as documented during the visa application process, helping to detect potential immigration violations.
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The Significance of the 90-Day Rule

The United States Citizenship and Immigration Services (USCIS) has implemented a 90-day guideline to safeguard the integrity of the non-immigrant visa system. This informal rule is designed to assess the authenticity of visitors’ claims and identify potential immigration violations.

Purpose and Context

The 90-day rule serves as a mechanism for USCIS to evaluate the actions of visitors soon after their arrival. This scrutiny helps determine if their behaviors align with the stated purpose of their visit, as documented during the visa application process.

Detection of Immigration Violations

USCIS officers may investigate discrepancies between a visitor’s actions and their declared purpose. For example, if a visitor who claimed to come for tourism is observed working or engaging in entrepreneurial activities, this could raise concerns about their true intentions.

Application of the Rule

The 90-day rule is not a strict legal regulation but rather a guideline that allows USCIS officers to exercise discretion. They may consider factors such as the visitor’s visa category, reason for entry, and duration of stay.

Implications for Visitors

Visitors should be aware of the 90-day rule and ensure that their actions adhere to the stated purpose of their visa. Any significant deviations from their declared intentions may lead to further scrutiny or even visa revocation.

Benefits of the Rule

The 90-day rule helps maintain the integrity of the non-immigrant visa system by:

  • Detecting potential overstays and visa abuse
  • Preserving the intended use of different visa categories
  • Protecting the rights of legal immigrants and workers

Conclusion

The 90-day rule is an important tool for USCIS to assess the veracity of non-immigrant visitors claims and prevent potential immigration violations. Visitors should familiarize themselves with this guideline and act in accordance with their stated purpose to avoid any complications during their stay in the United States.

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