The United States Department ofState (US DOS) recently released a policy change to itsForeign Affairs Manual (FAM). Going forward,any visa holder who engages in conduct inconsistent with the terms of his/hervisa within 90 days of entrance to the US is presumed to have willfullymisrepresented him or herself to the Consular Officer at the visa applicationinterview and/or to the Border Officer when entering the US.
Conduct that violates or isinconsistent with status, may include:
- Engaging in unauthorized employment
- Enrolling in a course of study if study was notauthorized for that classification (e.g. Entering the US in B1/B2 status andtaking classes before 90 days)
- Marrying a US Citizen or lawful permanentresident (green card holder) and taking up residence in the US.
Non-immigrant intent is requiredfor most visas — with a noted exception for those holding H-1B and L-1status. Individuals entering the US onother types of visas, for example an F-1 student visa, a TN or E work visa, ora B-1/B-2 tourist visa, must have the intent to return to their home country atthe end of their authorized period of stay in the US.
Other than H-1B and L-1 visaholders, Individuals entering on a visa should wait at least 90 days afterentrance to the US before taking any steps toward a green cardapplication.
The previous US DOS policyindicated actions inconsistent with status taken within 30 days of entry werepresumed fraudulent and actions inconsistent with status taken between the 31stand 60th day after entry were presumed fraudulent, but thepresumption could be overcome.
We recommend that youconsult with your MU attorney before making any international travel plans, nomatter your status.