Trump Administration’s New 90 Day Marriage Rule Puts Green Card Applicants At Risk

Love may be in the air, but if you’re an immigrant coming to the U.S. to marry a U.S. citizen or permanent resident you may want to put your plans on hold for a bit. In September of 2017, the United States enacted a 90-day marriage rule, which makes it risky for immigrants to marry U.S. nationals within 90 days of their entry to the United States.

Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the country. Prior to September 2017, such actions were at risk of being classified as fraud only if they occurred within the first 30 days of entry.

Actions And Activities Must Be Consistent With Stated Plans

At the heart of the issue is a visitor’s “stated plans”. The stated plans are what an applicant listed on his or her original 1/B-2 application, what he or she told the interviewing officer at the Embassy, and what he or she told the Custom and Border Protection (CBP) officer when they entered the U.S. at the airport.

Anything that a visitor does that is inconsistent with those stated plans can result in USCIS coming to the determination that the visitor has committed immigration fraud. This is not limited to marriage. Getting a job, going to school, even changing travel plans within those first 90 days can result in a revocation of your Visa, denial of a Green Card, and immediate deportation.

Protect Yourself By Pushing Back Marriage Plans

If you have traveled to the United States with the intent to marry a U.S. citizen or permanent resident you should have mentioned that in your stated plans. If you did not do so, your best course of action is to wait until 90 days after your entry to the U.S. have passed before getting married. This may still raise from red flags with USCIS but is less likely to be considered immigration fraud or “willful misrepresentation”.

Contact The Immigration Law Offices Of Gail Seeram For Help With Visa And Green Card Issues

To learn more about the 90-day rule and how it could result in charges of immigration fraud, read our post here.

To speak with an immigration attorney on the 90-Day rule, Green Cards, Visas, or other immigration matters, contact our Orlando immigration law office at Gail@GailLaw.com, start a chat session at https://myorlandoimmigrationlawyer.com, or call/text 407-292-7730.

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