What is the 90 day rule for tourist visas?

Understanding the 90-Day Rule for Tourist Visas

The 90-day rule refers to a screening mechanism employed by the United States Citizenship and Immigration Services (USCIS) to prevent potential fraud in green card applications submitted from within the United States.

Purpose of the Rule

The rule helps USCIS determine whether applicants for green cards who entered on non-immigrant visas, such as tourist visas, have genuinely maintained their non-immigrant status throughout their stay.

How the Rule Works

When a person applies for a green card from within the US, USCIS examines their immigration history, including any periods they spent on non-immigrant visas. If the applicant stayed beyond their authorized period of stay for more than 90 days on any single non-immigrant visa, USCIS will consider it a violation of their non-immigrant intent.

Consequences of a Violation

Violating the 90-day rule can have significant consequences for green card applicants. USCIS may deny the application, deem the applicant inadmissible to the US, and bar them from future entry.

Exceptions to the Rule

There are some exceptions to the 90-day rule, such as:

• If the overstay was due to circumstances beyond the applicant’s control, such as a medical emergency or family crisis.
• If the applicant has already filed a waiver application for the overstay.
• If the applicant has a valid reason for not departing the US within 90 days, such as pursuing a change of status or filing an asylum application.

Importance for Green Card Applicants

Green card applicants are advised to carefully review their immigration history and ensure that they have not violated the 90-day rule. If there are any concerns, it is recommended to consult with an immigration attorney to discuss potential options.