If you were given 90 days to stay in the US as a visitor and now you want to apply for an Adjustment of Status (Form I-485), it is important to be aware of the USCIS 90-day rule.
Entering the United States with a visitor visa with the intention to adjust status may raise questions about your intentions and may lead to additional scrutiny by USCIS officials. If the USCIS determines that you misrepresented your intention to enter the United States as a nonimmigrant when you applied for your visitor visa, your adjustment of status application may be denied. Having said that, applying for an adjustment of status (Form I-485) by itself does not prohibit the USCIS 90-day rule. It is important to note that the USCIS 90-day rule is based on the activities that you engage in within the first 90 days of your entry into the United States. It is not based on when you file an adjustment of status application. If an applicant can convince the USCIS officer that they came to the United States without misrepresenting their plans, and that their intentions genuinely changed during the 90 days after they arrived in the United States, they may still be approved for a green card. The final decision is left to the judgment of the USCIS officers. That means it’s hard to know for sure how any given case will be decided. Applicants should keep careful records so that they can document both their original plans and their changed circumstances. It’s important to be completely honest, though: any sign of deception or misrepresentation could raise challenges, now and in the future.
Engaging in certain prohibited activities during this time may be seen as a misrepresentation of your intent to enter the United States as a nonimmigrant and can result in your application being denied. These prohibited activities include marrying a U.S. citizen or engaging in unauthorized employment, within the first 90 days of your entry. However, whether or not your application will be denied depends on the specific circumstances of your case. If the USCIS determines that you did not have the intent to engage in prohibited activities at the time of entry to the United States and that there were good reasons for you to change your plans while in the US or your circumstances changed, your application for an adjustment of status may still be approved. It is important to note that even if your application to adjust status is not denied, the USCIS may request additional evidence or information – using the Request for Evidence procedure – to support your case. In some cases, the USCIS may also schedule an interview to further evaluate your eligibility for adjustment of status.
