30/60 Day Rule

Published on 10/20/2015

Hello, I’m Vaughan de Kirby. And today we’re going to talk about something you may have heard from your attorney. And that’s the 30/60 rule. This is a legal presumption. A legal presumption is something, aside of facts or the law, that allows a judge, or in this case, USCIS, to make a ruling, a presumption on your case.

The 30/60 rule pertains to when someone enters the United States on a visa, and then does something inconsistent with the terms of that visa. An example would be someone that entered on a B1, immediately begins school and applies for an F-1 visa. Another example might be someone that enters on a B1, and immediately gets married and files an application for marriage adjustment. If that application, in either case, is filed within 30 days, then USICIS can presume that when you enter the United States, you entered under false pretenses.

Now if that’s filed within 60 days, then it’s what’s called a rebuttable presumption. This means that USCIS can make an assumption that you entered under false pretenses, but if it’s within 60 days, you have the opportunity to rebut the information; you have the opportunity to present evidence.

This is why if you’re working with your immigration attorney, they will ask you when you entered the United States to make sure that if you file an application in the United States, it’s not inconsistent with the basis of your entry.

So that’s the 30/60 rule. I hope it clarifies something that can be very difficult to understand sometimes. Thank you!

Vaughan de Kirby
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