Today we’re going to talk about the 30/60-Day Rule and the 90-Day Rule that Department of State (DOS) has recently implemented into their Foreign Affairs Manual (FAM). This update occurred in September 2017 and you might be asking: “Kaushik what is the 90-Day Rule? well before there’s the 30/60-Day Rule: basically it’s a rule or a standard that the Department of State (DOS) is using now to determine whether or not you as the immigrant had any kind of preconceived intent and therefore misrepresentation upon entering the United States. Previously, there was the old 30/60-Day Rule.
So this implementation is applied by the Department of State (DOS) if you enter the United States within 30 days and there’s a general finding that you did actually have that preconceived intent to anytime within 90 days.
Nevertheless I advise you to be cautious so let’s look at an example of how possibly this may affect you in a hypothetical scenario:
let’s say Jaun enters the United States to meet his aunt. While here, he meets his old high high school sweetheart, they fall in love and decide to get married 87 days after entering. If the USCIS follows the 90-Day Rule there could be a finding that Juan committed misrepresentation upon entering on the visitor visa: so the some of the factors that will be evaluated are for example:
- was there unlawful employment which occurred?
- What happened prior to entering the United States did Juan quit his job?
These factors will be evaluated to determine whether or not there has been misrepresentation. The officer has a lot of power and ample discretion in making this evaluation therefore I had highly advise you to consult with an immigration attorney if you’re in a similar situation.
If you have questions for us you can call at (916) 613-3553, we answer questions like this all day long and it’s important that you’re abreast of the newest and latest immigration laws because with immigration law, as you can see, legislation is always changing so you want to make sure that you have the latest and greatest information.
I invite you to call us
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Thank you all and have an awesome day.