“Say one thing and shortly after do another”
Misrepresentation by changed activities
When the stated purpose for which a person applies for a non-immigrant US visa or seeks admission at a port of entry is different from his activities within a given time an immigration officer may infer that the person committed fraud or misrepresentation at the time of the visa application or upon seeking entry.
The violation of status within certain periods of time after issuance of the nonimmigrant visa or admission to the US may indicate fraud or misrepresentation.
The special rule under which an immigration officer may infer misrepresentation or fraud in such a case is known as the 30/60 day rule. It is important to note that even though an officer may infer misrepresentation, legal proof of misrepresentation needs more than just a mere inference. It requires that the misrepresentation is proved by both direct and circumstantial evidence.
A person who commits a misrepresentation is inadmissible and may be denied admission (including adjustment of status) under INA 212 (a)(6)(C)(i).
What changed activities?
An immigration officer applies the 30/60 day rule and invoke inadmissibility under INA 212 (a)(6)(C)(i) when for example a B2 non-immigrant states on a visa application/interview or upon entry that his purpose is tourism or to visit relatives and violate his status by:
(1) Actively seeking unauthorized employment and, after, becomes engaged in such employment;
(2) Enrolling in a program of academic study without the benefit of the proper change of status;
(3) Marrying and taking up permanent residence; or
(4) Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.
The 30/60-day rule
0-30 days – Presumption of misrepresentation – if the foreign national violate his Non-Immigrant Visa status within 30 days, the offer may presume a misrepresentation in seeking a visa or entry.
30-60 days – No presumption but the officer must look at the facts for reasonable believe of a misrepresentation. The foreign nation may present evidence to refute misrepresentation.
More than 60 days – If the violation occurs after 60 days the conduct is not a basis to invoke INA 212 (a)(6)(C)(i).
The 30/60- day rule is just one more reason to seek legal advice from an immigration law attorney before taking any action that could have immigration consequences.
If you have any questions please speak to a qualified immigration attorney. Feel free to email me at firstname.lastname@example.org. I also urge you to subscribe to this blog or the RSS feed so you can see when new articles are posted.