USCIS Policy Manual Eliminates Reference to Department of State “90 Day Rule” in Findings of Fraud and Material Misrepresentation

Earlier this summer, USCIS made a technical update to the USCIS Policy Manual in which it eliminated all reference to the Department of State’s (DOS) “90 Day Rule.” The American Immigration Lawyers Association USCIS HQ (Benefits Policy) Liaison Committee has also created a useful Practice Pointer to help practitioners identify the differences between DOS policy and USCIS policy now and to explain some of the history of USCIS’ interpretation of this rule in the context of findings of fraud and material misrepresentation. For those with access to AILA documents, that practice pointer can be found at AILA Doc. No. 21092013.

For more information, please visit: https://www.uscis.gov/policy-manual/updates