Board of Immigration Appeals

Inconsistent Conduct Within 90 Days of Entry

Effective as of September 1, 2017, The Foreign Affairs Manual (“FAM”) now has an updated subsection titled “Inconsistent Conduct Within 90 Days of Entry” which states:

“If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, as described in subparagraph (2)(b) below, you may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.”

Fraudulent Marriages for a Green Card

US citizens and permanent residents can sponsor foreign national spouses through a petition for a Green Card by marriage. US citizens can sponsor spouses as “immediate relatives.” For immediate relatives, visa numbers are available immediately, which means that there is no need to wait for a visa number to become available. As soon as the U.S citizen’s petition is approved, a visa number is made available and the foreign spouse can apply for a US Green Card.

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