East Wenatchee, WA asked in Immigration Law for Washington

Q: 90 day rule and how does it apply to H2A visa workers if they left for a week due to an emergency. Does it restart?

My fiancé came with a H2A visa in February 2021 and is through late November 2021. We met in April and got engaged in late July. Our planned wedding is this September, however, he is planning to visit his son who is in Mexico from 8/21/21 through 8/28/21 due to medical reasons. Does the 90 day rule apply to him? Will we still be able to get married in September despite that he re-entered in August again? Or do we have to wait AT least the 90 days even though his original date of entry was in Feb. 2021?

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1 Lawyer Answer
Kyndra L Mulder
Kyndra L Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The 90 day rule addresses the intent of a person when s/he enters the USA on a non immigrant visa. Your fiance will be leaving the USA and requesting he be admitted as a non immigrant when he has the intent to immigrate.

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