What is Form DS-260?

Form DS-260, officially known as the “Immigrant Visa Electronic Application,” is a U.S. Department of State form that is used by individuals who are applying for an immigrant visa to the United States. The DS-260 form is typically completed and submitted online through the Consular Electronic Application Center (CEAC) website.

Here are some key points about Form DS-260:

• Purpose: The DS-260 is used by individuals who have been approved for an immigrant visa, such as family-sponsored, employment-based, or diversity visa applicants. It collects biographical information, contact details, and other relevant information about the visa applicant and their immediate family members.
• Online Submission: The DS-260 form is submitted electronically through the CEAC website. Applicants are required to create an account on the site and complete the form online.
• Required for Consular Processing: If you are applying for an immigrant visa through consular processing (which is the common method for obtaining an immigrant visa from outside the United States), you will be required to submit the DS-260 as part of the visa application process.
• Immigrant Visa Interview: Once the DS-260 form is submitted and processed, the applicant will be scheduled for an immigrant visa interview at a U.S. embassy or consulate in their home country. The information provided on the DS-260 will be used during the interview to determine the applicant’s eligibility for the visa.
• Application Fee: There is typically a fee associated with submitting the DS-260 form, which must be paid online through the CEAC website.
• Supporting Documents: In addition to completing the DS-260 form, applicants are usually required to provide various supporting documents, such as passport photos, birth certificates, marriage certificates, and financial evidence, depending on the type of immigrant visa they are applying for.

The 90 Day Rule and Adjustment of Status

The “90-Day Rule” is a guideline used by U.S. immigration officials to determine whether an individual who entered the United States on a non-immigrant visa and subsequently applies for adjustment of status to a permanent resident (green card holder) has misrepresented their intentions at the time of entry. It’s important to note that the “90-Day Rule” is an unofficial term used to describe this concept, and it’s based on the U.S. Citizenship and Immigration Services (USCIS) policy.

Here’s how the 90-Day Rule and adjustment of status work:

• Non-Immigrant Visa Entry: When someone enters the United States on a non-immigrant visa (e.g., tourist visa, student visa, H-1B work visa), they are expected to have a temporary and non-immigrant intent, meaning they intend to return to their home country when their authorized stay in the U.S. expires.
• Adjustment of Status: Some individuals who are in the United States on a non-immigrant visa may later decide to apply for adjustment of status to become a permanent resident (green card holder). This typically involves marrying a U.S. citizen or having another qualifying family relationship or employment opportunity.
• The 90-Day Rule: USCIS may scrutinize adjustment of status applications filed by individuals who apply within 90 days of their entry to the United States on a non-immigrant visa. If USCIS determines that the applicant had a preconceived intent to immigrate when they entered the U.S. on a non-immigrant visa, it may deny the adjustment of status application based on the belief that the applicant misrepresented their intentions at the time of entry.
• Rebutting the Presumption: It’s important to understand that filing an adjustment of status application within 90 days of entry does not automatically result in a denial. USCIS will examine the totality of the circumstances surrounding the individual’s entry and application to determine whether there was a misrepresentation. Applicants can provide evidence to rebut any presumption of misrepresentation, such as showing that their intentions changed after entry due to unforeseen circumstances.
• Timing Matters: If an individual waits longer than 90 days after entry to apply for adjustment of status, the 90-Day Rule generally does not apply, and USCIS is less likely to scrutinize their intent at the time of entry.
• Consult with an Immigration Attorney: Given the complexity of immigration law and the potential consequences of a denied adjustment of status application, individuals considering this process should consult with an experienced immigration attorney. An attorney can provide guidance on the best timing and strategy for pursuing adjustment of status and can help gather and present supporting evidence to establish their eligibility.