Does 90-day rule apply to Canadian on TN?

[candypaint1002 1]

Please pardon my ignorance, I'm aware this question has been asked many times before, but most of the threads were referring to marriage so I decided to ask.

 

My wife got her I-140 approved. I'm a Canadian on TN. We're both living in the US. 6 years for her and 2 months for me.

 

Some posts on VisaJourney mentioned that the 90-day rule is for DOJ, not USCIS. On the other hand, some online articles stated that it may "generate suspicion from immigration officials. Thus, most attorneys recommend their clients to wait 90 days." 

https://citizenpath.com/tn-professionals-adjust-status/

 

We're looking to submit her I-485 to adjust her status, with me tagging along as the dependent. We're just wondering if the 90 day rules applied to me since I've been in the US for only 2 months. Would it be a ground for USCIS to deny our AOS application and worst case scenario revoke my TN?

 

Thanks for the help.

[Boiler 45,575]

Did those articles you read give examples where this had been an issue?

[candypaint1002 1]

20 minutes ago, Boiler said:

Did those articles you read give examples where this had been an issue?

I haven't seen one. I really hope they're wrong though. I might stereotype here, but as a frequent travellers, dealing with CBP officers left a sour taste in my mouth so I'd like to minimize risks with immigration as much as possible.

[Dashinka 24,526]

The general answer is there is no such thing as the 90 day rule.  The simple fact is you are here in the US, therefore allowed to enter, and intent is determined at the border/CBP.  There might or might not be more scrutiny, but it is not something that in my opinion will change just because you waited to file after 90 days.

 

Good Luck!

[Boiler 45,575]

23 minutes ago, candypaint1002 said:

I haven't seen one. I really hope they're wrong though. I might stereotype here, but as a frequent travellers, dealing with CBP officers left a sour taste in my mouth so I'd like to minimize risks with immigration as much as possible.

I have not seen one either 

[Mike E 11,739]

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

Click on the Updates link to reveal:

 

”

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.”

 

Even before 2021 the 90 day “rule” was dead if it was ever alive. 
 

I know of nothing in the INA law that supports this “rule” (more of an urban legend). 

 

 

 

[candypaint1002 1]

1 hour ago, Mike E said:

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

Click on the Updates link to reveal:

 

”

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.”

 

Even before 2021 the 90 day “rule” was dead if it was ever alive. 
 

I know of nothing in the INA law that supports this “rule” (more of an urban legend). 

 

Sorry if this is a silly question, but does removing the references from DOS mean that the rule doesn't apply anymore?
 

Edited September 16, 2022 by candypaint1002

[Chancy 6,241]

2 minutes ago, candypaint1002 said:

does removing the references from DOS mean that the rule doesn't apply anymore?

 

That DOS rule did NOT apply to USCIS even before they removed the references in 2021.  Seems they removed it to try to kill the myth that it ever applied at all.

 

[candypaint1002 1]

2 minutes ago, Chancy said:

 

That DOS rule did NOT apply to USCIS even before they removed the references in 2021.  Seems they removed it to try to kill the myth that it ever applied at all.

 

Thank you, it's good to know. I would definitely trust USCIS website than online articles.