What is the 90 day rule law?

The 90-Day Rule: A Closer Examination

In the United States, the 90-day rule is a presumption of visa fraud that applies to temporary visa holders who seek to marry or obtain a green card within 90 days of entering the country. This presumption is based on the suspicion that such individuals may have misrepresented their initial purpose of entry into the U.S.

Background

The 90-day rule is not a formal law, but rather an administrative policy established by the United States Citizenship and Immigration Services (USCIS). It is designed to deter and investigate potential marriage fraud and other forms of visa abuse.

How the 90-Day Rule Works

Under the 90-day rule, if a temporary visa holder applies for marriage or a green card within 90 days of entering the U.S., the USCIS will presume that they entered the country with the intent to commit fraud. This presumption places the burden of proof on the applicant to demonstrate that their intentions were genuine.

Rebutting the Presumption

To rebut the presumption of visa fraud, applicants must provide clear and convincing evidence that they did not misrepresent their initial purpose of entry. This evidence can include:

• Proof of a genuine and pre-existing relationship with the petitioner (if seeking marriage)
• Documentation of extenuating circumstances that prevented an earlier marriage or green card application
• Evidence of significant changes in circumstances that led to the decision to marry or apply for a green card

Consequences of the 90-Day Rule

If the USCIS finds that the applicant cannot rebut the presumption of visa fraud, they may be denied the marriage or green card application and potentially subject to deportation proceedings.

Exceptions to the 90-Day Rule

There are certain exceptions to the 90-day rule, including:

• Marriage to a U.S. citizen or permanent resident
• Situations where the applicant has been granted asylum or refugee status
• Cases where the applicant is a victim of domestic violence or human trafficking

Importance of Legal Advice

It is crucial for temporary visa holders who plan to marry or apply for a green card within 90 days of entering the U.S. to seek legal advice. An experienced immigration attorney can help them understand the 90-day rule, gather evidence to rebut the presumption of fraud, and navigate the application process to minimize the risk of denial or deportation.