New 90-Day Rule on Misrepresentation Can Impact Adjustment of Status Applications

A person who enters the U.S. legally on a nonimmigrant visa may be eligible to apply for adjustment of status to obtain lawful permanent residence if their circumstances change and they decide to remain in the U.S. However, if immigration officials believe that the applicant misrepresented their reasons for entering the U.S., they may be considered inadmissible and subject to permanent removal.

In 2017, the Department of State updated guidance for its adjudicators on determining misrepresentation in the immigration process. Certain actions, if committed within 90 days of entering the U.S. on a nonimmigrant visa, may create a presumption of willful misrepresentation. These include actions like employment or academic study that are not authorized by the original visa, or marrying a U.S. citizen and taking up residence in the U.S.

These circumstances will not necessarily prevent you from applying for or receiving adjustment of status, but they can make the process more complex. To learn more about the new rules on misrepresentation and how they will impact your case, contact our Chicago immigration attorneys today to request a consultation.