As it relates to obtaining a tourist visa to enter the United States, in the past, the U.S. Department of State had a 30/60-day rule where if the person engaged in conduct inconsistent with the purpose of the B-2 visa within 30 to 60 days of entering the United States, the person may be ineligible for a green card.

Recently, the U.S. Department of State changed its rule to 90 days. On September 16, 2017, the U.S. Department of State released a cable indicating for petitions decided after September 1: aliens who violate or engage in conduct inconsistent with his or her nonimmigrant status within 90 days of entry into the United States by: 1) engaging in unauthorized employment; 2) enrolling in a course of unauthorized academic study; 3) marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States while in a nonimmigrant visa classification that prohibits immigrant intent; or 4) undertaking any other activity for which a change of status or adjustment of status would be required prior to obtaining such change or adjustment, may be presumed to have made a material misrepresentation.

Put simply: if a person engages in conduct not consistent with the reason they entered the U.S., such as a tourist to visit family, the government will assume the person lied when applying for their visa or entering the United States. If you believe you have engaged in such conduct and plan to apply for another nonimmigrant status or a green card in the United States, contact your HLG attorney before taking any further action on your case!