U.S. Entry Guide | I-485 Submission for B1/B2 Visa Holders
As one of the premier nonimmigrant visas in the United States, the B1/B2 visa facilitates a wide range of businesspeople and tourists who wish to visit the United States for short periods of time. However, for those who plan toB1/B2 visa holders who filed an I-485 application for adjustment of status in the U.S.It is crucial to understand and follow the 90-day rule. This article will provide you with a thorough guide and professional advice.
01 Overview of the 90-day principle
The 90-Day Doctrine, developed by the U.S. Department of State, provides that theNonimmigrant Visa Holders May Not Engage in Activities Inconsistent with Purpose of Visa Within 90 Days of Entry to U.S.. The purpose of this doctrine is to prevent visa holders from misleading visa officers by changing their status or engaging in behavior inconsistent with their visa category immediately after entering on a nonimmigrant visa. Under this doctrine, if you engage in activities inconsistent with your visa category within 90 days of your entry into the U.S., such as filing an I-485 adjustment of status application, you may be found to have made a false statement to the visa officer at the time of your visa application.
However, the 90-day rule also does not mean that this visa holder is never allowed to change the intent of the original visa once he or she comes to the United States. It just means thatA change of intent within 90 days requires a strong burden of proof.
in the event that A change of intent after 90 days will not be automatically flagged as misleading an immigration officer.(However, if they later obtain evidence that the applicant did engage in unauthorized conduct or that there was misleading conduct, the applicant is still liable for the consequences.)
02 Review of policy changes
2017
The U.S. State Department willOriginal 30/60 day rule adjusted to 90 day principleto more tightly restrict nonimmigrant visa holders from changing status or engaging in activities in the United States that are inconsistent with the purpose of the visa.
2021
Although USCIS announced that it will no longer use the 90-day rule as the basis for approving I-485 petitions, immigration officers will still look at the applicant's statement of intent at the time of entry when reviewing the petition
03 The Best Time to File an I-485
Based on the 90-day rule, we recommend that B1/B2 visa holders enter the U.S. on a90 days laterFiling the I-485 Petition. This recommendation is intended to avoid the risk of triggering the 90-day rule by filing the petition too early, resulting in denial of the petition or revocation of the visa.
04 Behavior that may trigger the 90-day rule
Before filing an I-485 petition, the following actions may trigger the 90-day doctrine:
(1) Starting work without a work permit
(2) Enrollment as a full-time student at the school
(3) Filing an I-485 Application for Adjustment of Status
⚠Caution.
Highlights of the INS review::
Even if the 90-day rule is not used as a basis for approval, immigration officers will still scrutinize theIntention of the applicant at the time of entry. Therefore, at the time of entrytell it like it isThe purpose of your visit is of paramount importance. Any misleading or untrue statements may result in the rejection of your application.
Special Note for EB-5 Investors:
For EB-5 investors, if you have an approved I-526E petition at the time of your entry into the United States, you should truthfully inform Customs and Border Protection officers of the status of your immigration application. Concealing this fact may adversely affect your immigration application.
The impact of the 90-day rule on the filing of I-485 petitions by B1/B2 visa holders cannot be ignored. Complying with the rules and planning your entry and filing schedule is critical to ensuring a successful petition. We recommend that you consult with a professional immigration attorney for personalized legal advice before filing your I-485 petition.
U.S. immigration policies change all the time, and it is vital for every B1/B2 visa holder to pay attention to the latest policies and consult with a professional immigration attorney for personalized legal advice.
