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The ‘90 day rule’: U.S. complicates stance on determining preconceived intent

Tuesday, March 06, 2018 @ 12:43 PM | By Elizabeth Klarin

Last year, the U.S. Department of State (DOS) revised its guidance to U.S. consular officers regarding a long-held policy on how it determines inadmissibility under the U.S. Immigration and Nationality Act s. 212(a)(6)(C), which holds any alien inadmissible where he or she:

“… by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act.”

Previously, a long-held 30-60 day “rule” meant...