Understanding the 90-Day Rule: An Updated Immigration Guide

The 90-day rule prevents people from misrepresenting their intentions when entering the United States. Those who enter the country on a temporary visa should be acutely aware of this rule, as failure to comply can result in harsh consequences, including a lifetime ban on their right to enter.

Ignorance of the 90-day rule can come back to bite you. If planning a trip to the United States on a temporary visa, familiarize yourself with this guide to ensure you stay within the 90-rule. Your plans could depend on it.

What Is the USCIS 90-Day Rule?

The 90-day rule USCIS ensures that those who enter the United States on a temporary visa are not abusing the system. Temporary visas are designed to be temporary. However, some people enter the country on a temporary visa to stay permanently.

Some visas have dual intent, which means the holder may use them to come to the country while simultaneously taking action to relocate to the United States permanently. However, this is different from most temporary visas. Most of these visas have a single intent, meaning they can only be used without the intent to immigrate.

The 90-day rule states that those who enter the United States temporarily and then marry or apply for a green card in another manner are automatically presumed guilty of misrepresenting their intentions when entering the country.

Who Does the USCIS 90-Day Rule Affect or Apply to?

The 90-day rule applies to all individuals who enter the United States on a temporary, single-intent visa, such as a B-1/B-2 (visitor) visa, F-1 (student) visa, or J-1 (exchange visitor) visa. However, the rule does not apply to holders of dual intent visas, such as the H-1B or L-1.

Under the 90-day rule, the following actions within 90 days of entry may trigger a presumption of fraud:

Marrying a U.S. citizen or green card holder
Filing Form I-485: Adjustment of Status (applying for a green card)
Engaging in unauthorized employment
Enrolling in an unauthorized course of study

The 90-day rule is taken if these actions are taken within 90 days of entering the country. Taking these actions after 90 days will not result in the automatic presumption of a violation. However, even if you take these actions after the 90 days are up, you could still be found to have misrepresented your intent when entering the country.

During your application to remain in the country, a United States Citizenship and Immigration Services (USCIS) officer will investigate your case. If there is evidence that you came to the country on a temporary visa with the intent of remaining permanently, you could be found in violation even if you waited until 90 days had passed.

Updates on the USCIS 90-Day Rule

Clarification on Misrepresentation: Recent guidance underscores that applicants can still overcome the presumption of misrepresentation by providing substantial evidence that their intent at entry was genuine and changed due to unforeseen circumstances (e.g., unexpected marriage or job offer).
Digital Records and Surveillance: USCIS relies more heavily on digital entry/exit records and visa application histories to detect discrepancies between an applicant’s stated intent and actions after arrival.
Consular Guidance: Visa applicants should be aware that consular officers are now trained to specifically identify individuals at risk of violating the 90-day rule and may question them thoroughly during visa interviews.

30/60 Rule vs. 90-Day Rule

The 90-day rule came into effect in September 2017. Before that, USCIS used a similar rule, the 30/60 rule. Under the 30/60 rule, if a person submitted an adjustment of status application within 30 days of entering the United States, they were presumed to have misrepresented their intent with their temporary visa, similar to the current 90-day rule.

Then, those who filed between 30 and 60 days were treated with suspicion but not an automatic presumption of a violation. At the same time, those who applied after 60 days did not typically draw interest.

The 90-day rule is a stricter version of the 30/60 rule. It also eliminates the possibility of an adjustment of status application for those who come to the country on a 90-day temporary visa. Since they must leave the country after 90 days, there is no window to apply for a status change after the 90-day rule expires.

Consequences of Breaking the USCIS 90-Day Rule

Suppose you break the 90-day rule and get married or apply for a green card through Form I-130 – a family-based green card within 90 days of arriving in the U.S. on a temporary visa. In that case, the USCIS officer who reviews your application will presume that you entered the country under pretenses.

Violating the 90-day rule of USCIS can lead to significant consequences:

Denial of your green card application (Adjustment of Status).
Revocation of your existing visa or entry privileges.
Lifetime ban from entering the United States if you are guilty of willful misrepresentation.

However, the presumption of fraud is rebuttable. If you can prove that you had no intention of violating your visa status at the time of entry, you may avoid penalties. Providing strong evidence, such as correspondence or other documentation, is critical.

Nonimmigrant Intent Explainer

Anyone applying for a single intent temporary visa must provide supporting documentation proving they will return to their country once they have concluded the intent of their visit. Failure to demonstrate nonimmigrant intent will result in the denial of your visa application.

Proving Nonimmigrant Intent in a Visa Interview

To prove nonimmigrant intent, you must show the interviewing officer that you have significant ties to your home country, which will pull you back. This can be displayed by showing that you:

Have a job to which you will need to return
Own property or have a continuing rental contract
Have significant familial connections at home
Have dependents at home
Have other financial investments that keep you tied to the country

USCIS 90-Day Rule Exceptions

Immediate family members of U.S. citizens are often subject to the older 30/60 rule rather than the stricter 90-day rule.
Dual intent visa holders: Individuals on visas like H-1B, L-1, or K-1 are exempt, allowing holders to pursue temporary and permanent residency.

Single Intent vs. Dual Intent

Single-intent visas do not generally allow holders to apply for a status change. They are issued with the sole intent of visiting the country temporarily for the purposes noted in the type of visa they have acquired.

Meanwhile, dual-intent visas allow people to come to the country with either nonimmigrant or immigrant intent. Dual-intent visa holders must be okay with the 90-day rule.

Visa Fraud Could Land You a Lifetime Ban

Lying about your intentions can result in a lifetime ban from entering the U.S. Therefore, it is always in your best interest to be honest with immigration officers.

How to Comply With the USCIS 90-Day Rule

The 90-day rule does not make getting married in the U.S. within 90 days while on a single intent temporary visa illegal. However, lying to a border official to enter the country is against the law. If you get married unexpectedly, the best way to avoid problems is to wait until 90 days before applying for a status change.

Alternatively, you can leave the country when your visa expires and apply for a green card or dual intent visa.

What Happens to Recent Entries?

The 90-day clock begins on your most recent entry into the country. If you leave the U.S. and come back, the clock will restart from the day you last crossed the border.

Use an Immigration Services Company to File Your Adjustment of Status Application

At ImmigrationDirect, we have helped countless people apply to adjust their status to become permanent residents after coming to the U.S. on a temporary visa. Talk to an immigration lawyer to ensure you won’t have a problem with the 90-day rule, then get help filling out your application with ImmigrationDirect.

USCIS 90-Day Rule FAQ

What happens if I get married within 90 days of entering the U.S.?

If you get married within 90 days of entry on a single-intent visa, USCIS will presume you misrepresented your intent. You can, however, provide evidence to prove your intentions were genuine at the time of entry.

Is getting married in the U.S. illegal while on a tourist visa?

No, getting married is not illegal. However, if USCIS determines that you misrepresented your intent to enter, there can be serious consequences, including visa revocation or denial of your green card application.

Does the 90-day rule apply to all visa holders?

No, it primarily applies to single-intent visas like B-1/B-2 or F-1. Dual-intent visa holders (e.g., H-1B, L-1, or K-1) are exempt from this rule.

Can I file for a green card after 90 days without consequences?

While filing after 90 days does not trigger an automatic presumption of fraud, USCIS can still investigate your case if there’s evidence you misrepresented your intent.

Does the 90-day rule reset if I leave and re-enter the U.S.?

Yes, the 90-day clock resets when you enter the United States on a single-intent visa.

What evidence can I use to rebut a presumption of fraud?

Correspondence, employment records, or proof of unexpected circumstances (like a sudden engagement) can help.

How do I calculate the 90 days?

If you need to apply the 90-day rule, it’s essential to determine how many days you’ve already spent in the U.S. To do this, refer to the most recent entry date on your I-94 travel record (the Form I-94 Arrival/Departure Record). From that entry date, simply add 90 days. The resulting date will be the final day counted under the 90-day rule for your entry.