THE NEW 90 – DAY RULE AND ADJUSTMENT OF STATUS IN THE USA, Immigration Lawyer in California

THE NEW 90 – DAY RULE AND ADJUSTMENT OF STATUS IN THE USA, Immigration Lawyer in California


In this video, we’re going to talk about the
new 90-day intent rule and how it affects adjustment of status of people in the United
States. So in September 2017, there’s been a change
to the Foreign Affairs Manual. Which that affects that entry rules into the
United States. What the change created a new rule that essentially
states that people that come to the United States within the first 90 days are presumed
to be immigrants if they do certain things. We are focusing now on the intent of the person
entering United States to changing status. This is important for adjustment of status. When you specifically when you marry a citizen
or you find an adjustment based on a family member. So what is this 90-day intent rule do? Initially, before this change, U.S. embassies
and consulates were looking at a 30 to 60-day rule. Essentially if somebody entered the United
States on a non dual intent visa like a tourist visa or an investor visa and they change their
status within the first 30 or 60 days the presumption is that they were intending to
immigrate or a change of status before they entered the new 90 day rule, this new intent
rule, what it does it says, if you do any of those things change your status, marry
a U.S. citizen, file for an adjustment within the first three months the presumption is
that you planned this all along and it could be considered fraud or misrepresentation. Therefore what our advice is to our clients
is that now when you enter the U.S. in the first three months, do not marry U.S citizen,
do not file for an adjustment of status, do not do any of these things because if you
do when you come to the USCIS interview there could be some issues there with specifically
with your intent. Did you plan to do this all along? Did you actually commit misrepresentation? No. While the USCIS has not implemented that rule
yet into the regulations they are going to be using this and they’re already using this
where they’re questioning people when they go to the interview. And therefore our advice on this video, our
suggestion is to avoid doing any of those things. Change of status, marry a U.S. citizen in
the first 90 days of entry to the United States. This is a very important period of time to
establish the faith that you’re not an intending immigrant, that you’re not violating your
non dual visa like a tourist visa or investor visa, and your intention was always to be
a visitor or whatever the visa that you have that you enter the U.S. on and not to change
your status and or adjust your status. So be mindful of this new rule do not change
your status in the first 90 days of entry. And if you do so, it will be much easier for
you to proceed with any adjustment of status that you will do after those 90 days. Hopefully, this information was useful if
you have any other questions about this 90-day rule post them in the comments below and most
importantly subscribe to our channel right here. Thanks for watching and see you in the next
video.

23 Comments

  • Rahul sharma

    March 8, 2018

    hlo sir I am Rahul from india
    Filled my case in bŕother and sister i 130 law in 30 january 2006 how many time to open this case and my prioty date 24.jan.2006 …plzz sir

    Reply
  • baji shaik

    June 9, 2018

    Hello Jacob,
    Thank you for the info on 90-day rule..
    I 've a question..what is the case of a candidate who comes to US on a visitor B2 visa and after 90 days applies for a college for graduation and change of status from B2 TO F1….what is the possibility to get the status changed and what is the process that candidate has to do…please help on this…

    Reply
  • Lovepreet Saini

    July 7, 2018

    Hello sir I have b1b2 visa last year I visited there and they gave me only 1 and half month entry so now I am in india so can you tell me why they gave too short entry to me and how I can change my visa status in h1/f1

    Reply
  • Linguër Abbie

    July 31, 2018

    How could that be possible if they sre the ine saying that if you come with a B-1 visa and you want to change to a F-1 your intention should be to come to the US with the only purpose of visiting school

    Reply
  • kechrid hela

    September 3, 2018

    Hello Jacob, i am in a relationship with a US citizen since february 2018, we met this summer and i met her family , and now we are planning for marriage and be together as soon as possible, so we though that going there and veing with her to see if things will really work between us and get married if we eventually find out that we cam be together, soy question is it ol if i go there as a b2 viaitor then we get married after 90 daya, or we can get married before 90 days as we know each other and we ve been together since february???
    Thank you in advance.

    Reply
  • Victoria Weber

    September 7, 2018

    THATS CONFUSING BECAUSE, IT STATES IN THE USCIS.GOV WEBSITE THAT IF YOU FILED A PETITION FOR K1 FIANCE VISA THAT MARRIAGE HAS TO TAKE PLACE WITH IN 90 DAYS FROM DATE OF ENTRY, THIS IS SOLELY ON K129 FIANCE VISA APPROVED PETITION , SIR CAN YOU PLEASE EXPOUND ON THIS ??? THANK YOU !

    Reply
  • marshal matters

    November 11, 2018

    Does the 90 day rule still apply to those who is visiting the U.S for the second or third time?? If its my second time in the U.S and I plan on marrying a girl I fell in love with the first time that I visited, and my intent is to marry her the first month of my arrival. Does the rules still apply to me??

    Reply
  • abdirizakh mohamed

    November 27, 2018

    So what am gonna do I have to wait after 90 days

    Reply
  • Erick Flores

    November 30, 2018

    Here is my situation, I hope somebody can help me with: I am a green card holder. I married my wife back in March 2018, she has been under a F1 visa for 3 years now. Since our marriage, we have been taking few trips abroad, our last entry was on November 20th, 2018. We want to move forward and submit the I-130 now (its only been 10 days since our "last official entry" to the US). I understand what the 90-day implies, but as you can see our scenario is different, we have bee married for over 8 months now, and she has been under the same F1 status for over 3 years – do we really need to wait for 90 days to apply for the I-130 or I can attach a good explanation (cover letter) to the I-130 petition indicating what I just explained? the reason why we dont want to wait 90 more days is because we have another trip abroad planned on February 1st, 2019. Will the USCIS look at the details of the application, or will simply just look straight at the last day she entered the US and reject the application right there? this seems a little to harsh.

    Reply
  • Clay Travis RKSavage

    December 4, 2018

    So i met this girl and fell in love but she only has 3 months to stay…we plan on getting married, but i jave to do so before she goes back…and we are really in love..is there anu advice

    Reply
  • Marivic Llaguno

    January 13, 2019

    Its confusing sir..the requirement is to marry with in 90 days..and u said dont marry with in this period..u mean we can marry after 90 days..? What will happen to me after 90 days without marrying my US fiancee..as far as i know there is an expiration of my stay as a non immigrant..i will be entering US as a k1 visa ..

    Reply
  • Veronika Dyk

    January 31, 2019

    does it apply for the first entry or it doesn't matter? I've been on F1 for 2 years and I guess if I go home visit, it will be an entry since then I have to wait 90 days to make any changes?

    Reply
  • R Wood

    February 10, 2019

    Oh for Chris sake, get on with it!

    Reply
  • Bill Green

    March 2, 2019

    Thank you for this information I was in the USA last 2016 now I'm planning to return back in the USA this coming July 2019 can I change of status from b1/b2 visa to permanent resident while in the USA i have a sister she is us, citizen planning to file the petition adjustment of status do i need to wait 90 days before I can file?

    Reply
  • Betty McNally

    March 7, 2019

    is it true u dont have to do 485 but u do 751 now

    Reply
  • Angel Abraham

    March 16, 2019

    Hi Sir, thank you for this information. I have a question. Right now I am in US on visit visa. Came here on Nov 28th 2018 and my I-94 is for 6 months. Would like to change myvisa status but i dont know what to do or is it possible to change my visa status to any other status which allows me to stay here ? Thank you.

    Reply
  • Reset Call

    April 5, 2019

    I have few things on this, can I get the contact details and I shall call you to discuss further….

    Reply
  • Reset Call

    April 5, 2019

    My email id is [email protected] and am from india

    Reply
  • Heart c

    April 25, 2019

    I got my extension of visa denied ,and i got 30 days to leave and i left?Did i make a mistake?Will i ever go in usa again?And was i in legal status while i was waiting for my status?

    Reply
  • II Parachute Regiment

    April 29, 2019

    My friend got married on B1 Visa, but he returned to uk he only went for 15 days,

    1 can his wife put in for green card or permanent resident in?

    2 can he still travel on his B1,B2 visa while his green card is in progress

    3 or will his B1,B2 visa gets cancelled

    4 or the green card and his B1,B2 visa gets cancelled because he got married on a B1,B2?

    Reply
  • Sheryl Bragais

    June 30, 2019

    Hi.. Sir for example i got tourist visa and im inlove with someone and he want to married me but im married in my first husband but we seperated for 12yrs in Philippines… cant i married in US citizen?

    Reply
  • Kelly Almarales

    July 2, 2019

    Hi , question: If you’re in the US on B2 visa and your visa category (F2A ) becomes current, can you go ahead and adjust status? Or must you still wait the 90 days before doing so?

    Reply
  • Stephen Steve

    August 25, 2019

    Does the 90 day rule apply if someone is looking for a COS from L1 to F1?

    Reply

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