USCIS has moved away from a strict interpretation of the 90-day rule in visa applications, focusing instead on the credibility of applicants and their intent. This change, implemented five years ago, aligns with how consular officers assess potential misrepresentation, indicating that the number of days is not the sole factor in adjudications.
Key Details:
- The 90-day rule is no longer a hard threshold for visa adjudications.
- USCIS now emphasizes a fraud analysis based on the applicant’s actions post-visa issuance.
- The Department of State’s reference to the 90-day rule pertains specifically to the permanent bar for material misrepresentation under INA 212(a)(6)(C)(i).
- A change of status filing with USCIS does not automatically imply willful misrepresentation.
This shift in focus means that applicants should prioritize demonstrating their credibility and consistent conduct over merely counting days since their visa issuance.
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Source: Regina Cocco