The 30/60 day rule, applied in certain U.S. immigration matters, comes from the U.S Department of State Foreign Affairs Manual. The 30/60 rule was implemented to develop consistency in the adjudication of immigration cases involving foreign nationals who, after entering the United States as a nonimmigrant apply for immigration benefits that are inconsistent with nonimmigrant intent, i.e., change of status (work authorization or student visa) or adjustment of status (green card).
According to 9 FAM 40.63 N-4.7-1, Immigration Officers are trained to apply the 30/60 day rule when a foreign national has entered the United States as a visitor, B-2 Visa or Visa Waiver, and then proceeds to do any of the following:
- Actively seek unauthorized employment and, subsequently, become engaged in such employment;
- Enrollment in a program of academic study without the benefit of the appropriate change of status;
- Marrying and taking up permanent residence; or
- Undertaking any other activity for which a change of status or adjustment of status would be required, without the benefit of such a change or adjustment.
When there has been a perceived violation of nonimmigrant status within 30 days of entry into the United States, it is presumed that the foreign national engaged in misrepresentation when seeking entry into the United States. If the perceived violation of nonimmigrant status occurs within 60 days after entry into the United States, there is a rebuttable presumption that the foreign national engaged in misrepresentation when seeking entry into the United States. We most commonly encounter the 30/60 rule with Canadians that enter the United States as visitors and then seek to apply for a green card through adjustment of status.
If you or a loved one entered the United States as a visitor, B-2 visa, and have changed your intent, we can help. Please contact us today so that we can review your situation and determine the best immigration solution.
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