If someone enters the country on a nonimmigrant visa, such as a tourist visa, and then marries a U.S. citizen or a lawful permanent resident, they may be able to apply for an adjustment of status to permanent residency while they are in the United States.
However, if the applicant engaged in certain activities within the first 90 days of their arrival to the U.S., the USCIS may presume the applicant entered the United States with the intent to immigrate – although they were admitted to the country on a non-immigrant visa. On a non-immigrant visa, the immigrant must have the intent when entering the country to return to their home country. This is called “non-immigrant intent.” A violation of nonimmigrant intent may require an additional waiver or the denial of the application.
The following activities will be deemed suspicious if the applicant engages in them within the first 90 days of their arrival:
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getting unauthorized employment
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enrolling in a course of study without authorization
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getting married and immediately applying for an adjustment of status.