5 Things to Know About the New Department of State 90-day Rule Regarding Misrepresentation Based on Conduct in U.S.: Is Adjustment of Status or Change of Status Now a Death Trap?

By: Joseph Barnett, Bernard Wolfsdorf, Avi Friedman, and Cliff Rosenthal On September 1, 2017, the U.S. Department of State (“DOS”) updated 9 FAM 302.9-4(B)(3) to provide U.S. consular officers with new guidance relating to the term “misrepresentation” as it relates to aliens in the U.S.