Is the 90-day rule still in effect?

The 90-day rule vs. Applications filed more than 60 days after entering the United States were generally not seen as problematic. In September 2017, USCIS replaced the 30/60-day rule with the current 90-day rule, which now applies to all applicants.

What is USCIS 90-day rule?

The 90-day rule states that non-immigrant visa holders who marry U.S. citizens or lawful permanent residents or apply for adjustment of status within 90 days of arriving in the U.S. are automatically presumed to have misrepresented their original nonimmigrant intentions.

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I 94 expires?

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires? Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status.

What if I file on time for an extension but I leave the US before USCIS makes a decision on my application?

If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your …

What is the 30 60 rule?

What was the 30/60 Day Rule? General rule: A person cannot have pre-formed intentions to enter the United States for any purposes other than what is permitted under the non-immigrant visa.

Can I apply for adjustment of status during grace period?

Even this brief extra time is not automatic and can only be granted at the port of entry (POE) upon admission to the United States. There is no grace period that takes effect following denial of most requests to change, extend, or adjust status.

What happens if you stay longer than 90 days in USA?

Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.

What if I-539 is denied?

If your I-539 application is denied, depending on the specific situation, you can choose to reapply, or file a motion to reopen or reconsider, or depart the U.S. If you leave the U.S. promptly, usually this denial will not affect your reentry to the U.S. later if you have valid visa.

Can I marry in US on a B1 B2 visa?

The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. In fact, you are even allowed to come to the US as a visitor with the sole intention of getting married.

Is the 90 day rule binding on USCIS?

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case.

When does the new USCIS rule take effect?

This rule also removes the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. This final rule is effective August 21, 2020.

How long does it take for USCIS to process an asylum application?

USCIS court order, 365 F. Supp. 3d 1156 (W.D. Wash. 2018), the adjudication processing times for initial Form I-765 under the Pending Asylum Applicant category exceeded the regulatory-set timeframe of 30 days more than half the time. However, USCIS adjudicated approximately 78 percent of applications within 60 days.

When does USCIS find a person inadmissible under the INA?

If there is no evidence the applicant obtained or sought to obtain a benefit under the Immigration and Nationality Act (INA) by fraud or willful misrepresentation, USCIS should find that the applicant has met the burden of proving that he or she is not inadmissible under this ground. [5]