The USCIS 90-Day Rule – What You Need to Know
When you enter the United States on a visa, the type of visa you hold significantly affects what actions you should—and should not—take, particularly if you are considering permanent residency soon after arrival. For example, individuals on single-intent visas who quickly marry a U.S. citizen or lawful permanent resident may raise serious concerns with USCIS. Immigration officials may suspect that you misrepresented your original intent when entering the country, which can result in severe penalties.
The USCIS 90-day rule, applied until 2021, presumed that temporary visa holders who entered the U.S. on a single-intent visa and then applied for a green card or married a U.S. citizen/permanent resident within 90 days of arrival had misled immigration officials about their original plans. Although USCIS announced it no longer officially uses the rule, immigration officers still carefully review the timeline of your entry and subsequent actions. That means the rule’s principles may still be applied inconsistently. At Green Card Link, its immigration attorneys often advise clients to be mindful of this timeline when making decisions that could affect their immigration status.
Single-Intent vs. Dual-Intent Visas
Single-intent visas—such as the B-1/B-2 visitor visa, F-1 student visa, or J-1 exchange visitor visa—are granted with the expectation that you will return to your home country after completing your temporary stay. On the other hand, dual-intent visas such as the H-1B or L-1 visa allow holders to lawfully pursue permanent residency without violating the terms of their visa.
The 90-day rule applies only to single-intent visa holders who appear to misrepresent their intentions by engaging in activities inconsistent with their visa shortly after entry.
What Triggers the USCIS 90-Day Rule?
USCIS may view certain actions within 90 days of entry as red flags, including:
- Working without authorization (employment not permitted by your visa category).
- Enrolling in a school or academic program without proper authorization.
- Marrying a U.S. citizen or lawful permanent resident and taking steps to establish residence.
- Filing for adjustment of status or otherwise attempting to change visa status without authorization.
If you take one of these actions soon after arrival, USCIS may assume you misrepresented your intent during your visa interview or at the port of entry. While waiting more than 90 days before changing your plans may reduce suspicion, it does not guarantee approval. Consulting an experienced immigration attorney at Green Card Link is the best way to minimize risks.
Why the 90-Day Rule Exists
The 90-day rule exists because nonimmigrant visas require applicants to prove they intend to return home after their visit. Consular officers often evaluate factors such as:
- Financial ties (bank accounts, assets).
- Employment ties (a stable job or business ownership).
- Family or property in the home country.
If immigration officials believe you concealed your intent to remain in the U.S. permanently, they may deny your application for adjustment of status and even revoke your visa.
Determining Your 90-Day Window
Your 90-day period begins on the most recent entry date listed on your I-94 Arrival/Departure Record. If you have multiple entries, the clock resets with each new admission.
Frequently Asked Questions About the 90-Day Rule
Is the 90-day rule still enforced?
While USCIS officially stopped applying the 90-day rule in 2021, immigration officers still consider the timing of your actions and your stated intent upon entry. The practical impact is that the rule may still influence decisions.
Who does it apply to?
It applies to single-intent visa holders (such as B-1/B-2, TN, F, J, Q, M, or E-3 visas). It does not apply to dual-intent visa holders like those on H-1B or L-1 visas.
What about the 30/60-day rule?
The older 30/60-day rule was replaced by the 90-day rule in 2017. Under that system, actions within 30 days were presumed fraudulent, actions between 30–60 days were suspicious, and actions after 60 days were generally safe. The 90-day rule made the standard stricter and more uniform.
Can you contest the 90-day rule?
Yes. If your circumstances genuinely changed after entering the U.S., an immigration attorney at Green Card Link can help you present evidence to USCIS to show that your change of plans was legitimate.
What’s the difference between fraud and willful misrepresentation?
Fraud requires intent to deceive and action taken by a U.S. official based on that deception, while willful misrepresentation may exist without fraud. Either can result in inadmissibility.
How to Protect Yourself from Issues with the 90-Day Rule
- Keep thorough documentation of your travel, employment, and personal circumstances.
- Do not misrepresent your intentions to immigration officials.
- Consult an immigration attorney at Green Card Link before making any decisions that could affect your status.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience guiding clients through complex immigration matters, including adjustment of status applications, single- and dual-intent visa cases, and situations impacted by the 90-day rule. If you are concerned about how this rule may affect your eligibility for a green card or adjustment of status, we encourage you to schedule a consultation with an immigration attorney at Green Card Link. Taking early steps to clarify your options can make all the difference in achieving a favorable outcome.