What is the 90 day rule for adjustment of status?

The 90-Day Rule for Adjustment of Status

When entering the United States on a nonimmigrant visa, it is crucial to adhere to the specific restrictions associated with that visa. Any actions that contradict the terms of the visa within 90 days of arrival can potentially jeopardize your eligibility for a green card and even lead to permanent inadmissibility.

This 90-day rule stems from concerns that some individuals may misrepresent their original intentions upon entering the country. For instance, a person who enters on a tourist visa (B-2) but begins working or engaging in unauthorized activities within 90 days may be deemed to have violated the terms of their visa.

Consequences of Violating the 90-Day Rule

Violating the 90-day rule can have serious consequences, including:

• Automatic Denial of Adjustment of Status: If you have applied for adjustment of status to a green card, your application may be automatically denied if you violated the 90-day rule.
• Inadmissibility: You may be deemed inadmissible to the United States for a period of three or more years. This means you will not be allowed to enter the country during this time.
• Permanent Bar: In severe cases, you could face a permanent bar from entering the United States.

Exceptions to the 90-Day Rule

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

• Substantial Change in Circumstances: If you can demonstrate that your circumstances have changed significantly since you entered the United States, you may be able to overcome the 90-day rule.
• Extreme Hardship: If you can prove that denying your adjustment of status would cause extreme hardship to you or your family, you may be able to receive a waiver of the 90-day rule.

Avoiding the 90-Day Rule

To avoid any potential issues related to the 90-day rule, it is essential to:

• Be Clear About Your Intentions: When applying for a nonimmigrant visa, be honest about your reasons for entering the United States.
• Stick to the Terms of Your Visa: Once you enter the country, strictly adhere to the limitations of your visa. Avoid engaging in any activities that are not permitted by your visa type.
• Seek Legal Advice: If you have any questions or concerns about the 90-day rule, it is advisable to consult with an immigration attorney. They can provide guidance and assist you in navigating the legal process.

In conclusion, the 90-day rule is a crucial regulation that individuals entering the United States on nonimmigrant visas must be aware of. By understanding the rule and its exceptions, you can protect your eligibility for future immigration benefits and avoid any potential complications.