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DOS expands presumption of misrepresentation for nonimmigrants

  1. Original Date Announced

    August 1, 2017

    DOS issues guidance that if a noncitizen violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, an adjudicator may presume willful misrepresentation. This expansion of the 30/60 days rule can render someone inadmissible under 212(a)(6)(c). The policy covers activities such as engaging in unauthorized employment or study or demonstrating an intent to reside in the U.S. while on a visa that does not allow such intent. [ID #691]

    DOS 9 FAM 302.9: Ineligibility Based on Illegal Entry, Misrepresentation and Other Immigration Violations
  2. Effective Date

    August 1, 2017

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Non-Immigrant Visas
Agencies Affected: USCIS Bureau of Consular Affairs



Trump-Era Policy Documents

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