New rule that may bar you from getting immigration benefits for life

On September 1, 2017, the U.S. Department of State (“DOS”) updated its rules to provide U.S. consular officers with new guidance relating to the term “misrepresentation” as it relates to aliens in the U.S. “who conduct themselves in a manner inconsistent with representations they made to consular officers concerning their intentions at the time of visa application or to DHS when applying for admission or for an immigration benefit.”

DOS now has an updated rule 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.

In the event that a U.S. consular officer “becomes aware of derogatory information indicating that an alien in the United States who has a valid visa, may have misrepresented his or her intentions to you at the time of visa application, or to DHS at the port of entry or in a filing for an immigration benefit”, they are directed to “bring the derogatory information to the attention of the Department for potential revocation.”

Once you are found to have engaged activities inconsistent with your B or F visa(other types of visa may also be included); DOS may revoke your visa without first contacting you.  You may then be subject to inadmissibility for life unless you receive a waiver.

Please contact us if you have or may have this issue.