What Happens After Visa Approval: The 90-Day Rule and Port of Entry Inspection (CBP)
- Deepak B
- 5 hours ago
- 5 min read
1. What Happens After Visa Approval ? When the United States Embassy or Consulate says yes to your visa:
Visa Issuance: Your visa will be affixed inside your passport, and your passport will be returned to you (usually via courier service).
Immigrant Visa Packet (If Applicable): If you are issued an immigrant visa (for permanent residency, a "Green Card"), you may receive a sealed packet containing your immigration documents. DO NOT OPEN THIS PACKET. It must be presented, unopened, to the CBP officer at the Port of Entry. (Note: Some modern immigrant visa applications have electronic documents, noted as "IV Docs in CCD" on the visa, and you will not receive a sealed packet).
You need to pay the USCIS fee for visas. This fee is required for people who have an immigrant visa. They have to pay the USCIS Immigrant Fee before they can travel to the United States. The USCIS Immigrant Fee is something that immigrant visa holders must pay.
Travel within Validity: You must enter the U.S. before the expiration date printed on your visa.
2. Understanding the 90-Day Rule
The "90-Day Rule" is a guideline used by U.S. Citizenship and Immigration Services (USCIS) and consular officers, primarily for holders of single-intent visas (like B-1/B-2 visitor visas, F-1 student visas, or J-1 exchange visitor visas), to assess whether the traveler misrepresented their true intentions when seeking the visa or at the time of entry.
3. The Rule's Core Principle
If a nonimmigrant visa holder engages in activities inconsistent with their temporary status within 90 days of their most recent entry into the U.S., it can create a presumption of misrepresentation (fraud).
Single-Intent Visas are, for people who want to stay for a short time. These Single-Intent Visas need the person who is applying to show that they will go home.
Dual-Intent Visas: Visas like H-1B or L-1 legally allow the holder to maintain a temporary status while also pursuing permanent residency (a Green Card). The 90-Day Rule does not generally apply to these.
4. Things That Might Cause Problems
If you have a visa that's only for one purpose, like a B-1/B-2 tourist visa doing certain things in the first 90 days after you enter the United States may cause people to think you lied about what you were going to do.
Marrying a U.S. citizen or Lawful Permanent Resident and immediately filing for Adjustment of Status (Green Card application).
Starting unauthorized employment or working without proper authorization.
Enrolling in a course of study without the appropriate F-1 or M-1 student visa.
Otherwise filing for adjustment of status or attempting to change your visa status without authorization.
5. Why It Matters
If you do not follow the 90-Day Rule, the 90-Day Rule you might get into trouble. The 90-Day Rule is important and breaking the 90-Day Rule can cause problems. This is what can happen if you break the 90-Day Rule:
Denial of a future Green Card application on grounds of suspected fraud.
Cancellation of your existing visa.
A ban from re-entering the U.S.
Tip: While USCIS has stated it no longer officially uses the rule as a strict determinant, the principles of the rule are still considered. For single-intent visa holders who plan to change status, waiting at least 90 days after entry before filing for adjustment of status is generally advisable to reduce the risk of scrutiny.
6. What Is Port of Entry (CBP) Inspection?
When you get to the United States you will arrive at the Port of Entry. The Port of Entry is like a gate to the United States. It can be an airport or a seaport or even a land border.
The United States Customs and Border Protection is in charge of checking everyone who arrives in the United States. This includes people who're, from the United States and people who have a visa to visit the United States. The United States Customs and Border Protection checks the Port of Entry to see if people are allowed to enter the United States.
The Inspection Process
Primary Inspection: You will present your passport and visa to a CBP officer. The officer will:
Verify your identity and travel documents.
Take your digital photo and fingerprints (if required for your visa type).
Ask questions to confirm the purpose of your visit and your intent to abide by the terms of your visa.
Secondary Inspection: If the main officer is not able to check your information away or if they have some questions about whether you are allowed to enter the country you might have to go to a secondary inspection area. They will take a look at your information there. This usually happens to people who are getting a visa for the first time. The secondary inspection is a normal part of the process, for immigrant visa holders who are coming to the country for the first time.
Admission: If you are deemed admissible, the CBP officer will process your entry and place an admission stamp in your passport, which includes the date of entry, class of admission (visa type), and the duration of your authorized stay (admit until date).
Key Point
A visa only allows you to travel to the U.S. port of entry and request admission. The CBP officer at the POE has the final authority to grant or deny your admission.
7. I-94 Arrival Record The I-94 Arrival/Departure Record is an important document. It shows that you are allowed to be in the United States. The I-94 Arrival/Departure Record also says what kind of visa you have and when you have to leave the United States. You have to leave the United States by the date that's on the I-94 Arrival/Departure Record. The I-94 Arrival/Departure Record is like a record of your visit, to the United States.
When people arrive by air or sea the Electronic Record, which is also known as the I-94 is usually made on the computer. You can look at the Electronic Record, which's the I-94 and print it out from the CBP website on the internet.
Paper Record (Sometimes): Some land border entries still result in a paper I-94.
This record is really important because it shows that you are legally allowed to be in the United States. You will need this record to do things like get a drivers license or a social security number. It is also necessary for proving that you are allowed to work in the United States. The United States record is very important, for things.
Duration of Stay: It will contain an "Admit Until Date" or, for certain visa types (like F-1 and J-1), the notation "D/S" (Duration of Status), meaning you can stay as long as you maintain your authorized status.
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