The Department of State Increases Scrutiny with 90 Day Rule in the Foreign Affairs Manual for New Immigrants to the U.S.

A recent update has been made to the Foreign Affairs Manual with section FAM 302.9-4(B)(3). Originally if a person filed for adjustment of their visa within 30 days of entry into the United States the government would conclude that person was being false or misleading about their intent in acquiring a visa. The new update to the FAM has extended the period of from 30 days to 90 days with its new ruling. The FAM now states, “If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry…, you may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.”

What conduct violates the 90-day rule for new immigrants?

• Engaging in unauthorized employment
• Enrolling in a course of academic study, if such study is not authorized (e.g., B Visitor status)
• Marrying a U.S. citizen or permanent resident and taking up residence in the United States after entering in nonimmigrant B (Visitor) or F (Student) status, or any other status prohibiting immigrant intent
• Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

The Department of State will not be merciful with people “who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to [the Department of Homeland Security] when applying for admission or for an immigration benefit.” Misrepresentations or fraud can potentially result in a lifetime ban from entering the United States. U.S. consular officers have been instructed to “bring the derogatory information to the attention of the Department for potential revocation” if they become aware of derogatory information from a visa applicant.