What is the purpose of the 90 day rule?

Understanding the 90-Day Rule in Visa Applications

The United States Citizenship and Immigration Services (USCIS) has established a 90-day guideline to help its officers evaluate visa applications. This guideline is not a strict law but rather a benchmark used to assess the consistency between an applicant’s current intentions and their initial claims upon entry into the United States.

Purpose of the 90-Day Rule

The 90-day rule serves as a tool for USCIS officers to determine whether an applicant’s stay in the United States aligns with the purpose stated on their visa application. If an applicant engages in activities that significantly deviate from their intended purpose within 90 days of entry, it may raise concerns about their true intentions.

For example, an applicant who enters the United States on a tourist visa but begins working within a short period may violate the 90-day rule. Similarly, an international student who changes their program of study or fails to maintain a full course load within 90 days may also be subject to scrutiny.

Flexibility in Application

It’s important to note that the 90-day rule is not a rigid law. USCIS officers have the discretion to consider circumstances that may warrant an exception. For instance, if an applicant experiences unforeseen circumstances that prevent them from adhering to the guideline, they may be granted an extension or exemption.

Consequences of Violating the 90-Day Rule

While violating the 90-day rule does not automatically disqualify an applicant, it can significantly impact the officer’s decision-making process. Officers may question the applicant’s credibility and intentions, which can lead to a visa denial or further scrutiny.

Conclusion

The 90-day rule is an important guideline used by USCIS officers to assess visa applications. It helps ensure that applicants are using their visas for their intended purposes. While it’s not a strict law, it serves as a benchmark for evaluating the consistency between an applicant’s current actions and their initial claims upon entry. Understanding the purpose and potential consequences of this guideline is crucial for anyone applying for a visa to the United States.