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Will my application be affected if I break the 90-day rule?

Mar 3, 2021

Boundless Ask an Immigration Attorney

Will my application be affected if I break the 90-day rule?

Entering the United States on a temporary visa, such as a tourist or work visa, with the intention of doing either of the following is considered a “misrepresentation” of one’s purpose for coming to the United States:

– Marrying a U.S. citizen or green card holder to live permanently in the United States

– Applying for a marriage-based green card

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The U.S. government considers both of the above actions as unlawful, and they’re likely to result in serious consequences, such as being placed in removal proceedings (deportation) or having one’s visa revoked (invalidated).

IMPORTANT: Please note that Boundless does not help anyone who expresses explicit intent to violate the terms of their temporary visa in order to apply for a marriage-based green card.

The situation is different, however, for those who arrived in the United States on a temporary visa — fully intending to return to their home country before their visa expired — but whose plans unexpectedly and legitimately changed while visiting the United States. Under such circumstances, they also decided to stay in the United States and apply for a marriage-based green card.

It’s important for applicants in this situation to be aware of the “90-day rule.” Our detailed guide has more information about this rule.

I lost my EAD card, what should I do?

When an applicant’s green card application is approved at or after an interview, they become a Lawful Permanent Resident and would no longer need an Employment Authorization Document (EAD) to work.

However, if an applicant is still waiting for the marriage-based green card interview to happen and they do not have their physical EAD, in general applicants must file a new Form I-765 with U.S. Citizenship and Immigration Services (USCIS) to replace the lost EAD card. There is no fee to do this while a Form I-485 (adjustment of status application) is still pending.

Once Form I-765 application is pending with USCIS for green card applicants, it will automatically extend their work authorization up to 180 days. For more information, please see here.

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