What Is the 90-Day Rule for Form I-485 in Texas?

Understanding What Is the 90-Day Rule for Form I-485 in Texas?

If you’re navigating the complex world of immigration in Texas, you might have come across the term 90-Day Rule for Form I-485. This rule can significantly impact your application process, and understanding it is crucial for a smooth journey toward your immigration goals. In this article, we’ll break down what this rule entails, how it affects your application, and what steps you can take to ensure you’re on the right track.

What is the 90-Day Rule?

The 90-Day Rule for Form I-485 refers to a guideline set by the U.S. Citizenship and Immigration Services (USCIS) that affects individuals applying for adjustment of status. Essentially, it states that if you apply for a green card (Form I-485) within 90 days of entering the U.S. on a non-immigrant visa, USCIS may presume that you had the intention to immigrate when you entered the country. This can lead to complications in your application process.

Importance of the 90-Day Rule

Understanding the 90-Day Rule for Form I-485 is essential for several reasons:

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• Intent Matters: The rule helps USCIS determine your intent when entering the U.S. If they believe you intended to immigrate, they may scrutinize your application more closely.
• Application Denials: If you apply too soon after entering the U.S., your application could be denied based on this presumption.
• Legal Implications: Violating this rule can lead to legal complications, including potential bans on re-entry into the U.S.

How the Rule Affects Your Application

So, how does the 90-Day Rule for Form I-485 actually affect your application? Here are a few scenarios:

1. Application Timing: If you submit your Form I-485 within 90 days of entering the U.S. on a non-immigrant visa, USCIS may question your motives.
2. Increased Scrutiny: Your application may undergo additional scrutiny, leading to delays or requests for more evidence.
3. Potential Denial: In some cases, your application could be denied if USCIS determines that you violated the intent of your visa.

Exceptions to the Rule

While the 90-Day Rule for Form I-485 is strict, there are exceptions. Here are a few scenarios where the rule may not apply:

• Visa Waiver Program: If you entered the U.S. under the Visa Waiver Program, the rule may not apply in the same way.
• Change of Status: If you were in the process of changing your status before applying for the green card, you might have a valid case.
• Family-Based Petitions: If you are applying based on a family relationship, there may be some leeway.

Steps to Take if You’re Affected

If you find yourself in a situation where the 90-Day Rule for Form I-485 could impact your application, here are some steps you can take:

1. Consult an Immigration Attorney: This is crucial. An experienced attorney can provide personalized advice based on your situation.
2. Gather Documentation: Collect any evidence that supports your case, such as proof of your intent when entering the U.S.
3. Be Honest: When filling out your application, be truthful about your circumstances. Honesty can go a long way in these matters.