The 90-Day Rule is a rule that is intended to make findings or misrepresentation or fraud in the visa process more consistent for people who attempt to change or adjust their status shortly after arriving in the United States. This rule is a Department of State rule that mainly applies to consular and visa processes. Although it has been adopted in practice by USCIS as well, they are not bound by it.
The 90-day rule creates a presumption of willful misrepresentation if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry into the United States. In other words, you may be considered to have committed fraud if you do anything not anticipated under your type of visa within 90 days. This can include:
- Marrying a U.S. citizen or green card holder
- Beginning unauthorized employment
- Enrolling in an unauthorized course of study
- Filing Form I-485: Adjustment of Status