Zaneym

Contact Us
zaneym

Timing Is Everything: The Significance of the 90-Day Rule in AOS Applications

The 90-day rule and Adjustment of Status (AOS) process are related to U.S. immigration and are often associated with the intent of individuals entering the country on certain nonimmigrant visas.

90-Day Rule:

The 90-day rule refers to a guideline used by U.S. immigration authorities to determine whether a person who entered the United States on a nonimmigrant visa has violated the terms of their visa by engaging in certain activities that indicate an intention to immigrate. If an individual engages in activities inconsistent with their nonimmigrant status, such as getting married or filing for a green card, within 90 days of entering the U.S., it may be presumed that they had preconceived immigrant intent at the time of entry.

For example, if someone enters the U.S. on a tourist visa (B-2 visa) but gets married and applies for a green card within 90 days, it might raise concerns about the person’s initial intent when entering the country.

Adjustment of Status (AOS) Process:

Adjustment of Status is the process through which an eligible foreign national already in the United States can apply for lawful permanent resident status (a green card) without having to leave the country. This process is typically used by individuals who qualify for a green card based on family relationships, employment, refugee or asylum status, or other special programs.

If someone is already in the U.S. and wishes to become a permanent resident, they can file an application for Adjustment of Status with the United States Citizenship and Immigration Services (USCIS). The AOS process allows them to transition from a temporary nonimmigrant status to permanent resident status without leaving the country.

How to comply with the 90-day rule when applying for Adjustment of Status?

Complying with the 90-day rule when applying for Adjustment of Status (AOS) involves demonstrating that your actions within the first 90 days of entering the U.S. were consistent with the nonimmigrant status under which you were admitted. Here are some general guidelines to help you comply with the 90-day rule when applying for AOS:

• Understand the 90-Day Rule:

o Be aware of the 90-day rule and its implications. Understand that engaging in activities inconsistent with your nonimmigrant status within the first 90 days may raise concerns about preconceived immigrant intent.

• Maintain the Original Intent of Your Visa:

o Ensure that your actions within the first 90 days align with the purpose of your nonimmigrant visa. For example, if you entered on a tourist visa, engage in activities consistent with tourism during the initial period.

• Delay Immigrant Intent Activities:

o If possible, delay activities indicating immigrant intent, such as marriage to a U.S. citizen or filing for Adjustment of Status, until after the initial 90-day period.

• Consult with an Immigration Attorney:

o Seek guidance from an experienced immigration attorney before taking any actions that may affect your immigration status. They can provide personalized advice based on your specific situation.

• Document Intent and Activities:

o Maintain documentation that supports your original intent when entering the U.S. This could include evidence of return tickets, travel itineraries, or other documents that show your intention to comply with the terms of your nonimmigrant status.

• Be Honest During AOS Interviews:

o During the Adjustment of Status interview, be honest and transparent about your intentions when entering the U.S. and the reasons for applying for a green card.

• Consider Consular Processing:

o If there are concerns about the 90-day rule, you may consider consular processing as an alternative to Adjustment of Status. This involves leaving the U.S. and completing the immigrant visa process at a U.S. consulate abroad.

• Maintain Status:

o Maintain compliance with the terms of your nonimmigrant status throughout your stay in the U.S. Failure to maintain status could have adverse effects on your immigration applications.

Zaneym

Zaneym