Is the 90 day rule still valid?

Is the 90-Day Rule Still Valid?

The 90-day rule is an informal guideline used by U.S. Citizenship and Immigration Services (USCIS) officers when adjudicating visa applications. It states that an individual who overstays their authorized period of stay in the United States by 90 days or more is considered to have abandoned their nonimmigrant status.

While the 90-day rule is not a binding legal requirement, USCIS officers have the discretion to apply it as a factor when making a decision on an application. This means that an overstay of 90 days or more can potentially impact an individual's ability to obtain certain types of visas or adjust their status in the U.S.

USCIS's Current Stance on the 90-Day Rule

According to the USCIS Policy Manual, the 90-day rule is still a valid guideline that officers can consider when evaluating applications. However, officers are instructed to exercise discretion and consider all the facts and circumstances of each case.

This means that the 90-day rule is not an automatic bar to obtaining a visa or adjusting status. USCIS officers may still approve applications if they have sufficient evidence that the applicant did not intend to abandon their nonimmigrant status and had valid reasons for overstaying.

Factors Considered by USCIS Officers

When evaluating an application, USCIS officers may consider the following factors related to the 90-day rule:

• The length of the overstay
• The reasons for the overstay
• The applicant's actions during the period of overstay (e.g., seeking legal advice, attempting to adjust status)
• The applicant's overall immigration history

Implications for Applicants

Applicants who have overstayed their authorized period of stay should be aware of the potential implications and be prepared to provide documentation and evidence to support their reasons for overstaying. It is advisable to seek legal counsel if you have overstayed your visa to discuss your options and increase your chances of a successful application.

Conclusion

While the 90-day rule remains a guideline in USCIS adjudications, it is not a strict requirement. USCIS officers have discretion to consider all the relevant facts and circumstances when making a decision on an application. Applicants who have overstayed their authorized period of stay should be aware of the potential implications and take steps to mitigate any negative consequences.