9 FAM 40.63 N4.7-2 Inconsistent Conduct
Within 30 Days of Entry
If an alien violates his or her nonimmigrant status in a
manner described in 9 FAM 40.63 N4.7-1 within 30 days of entry, you may presume that the applicant misrepresented his or her intention in seeking a visa or entry.
9 FAM 40.63 N4.7-3 After 30 Days but Within 60 Days
If an alien initiates such violation of status more than 30 days
but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give you reasonable belief that the alien
misrepresented his or her intent, then you must give the alien
the opportunity to present countervailing evidence. If you do not find such evidence to be persuasive, submit a comprehensive report to the Advisory Opinions Division
(CA/VO/L/A) for the rendering of an advisory opinion. (See 9 FAM 40.63 N7.2).
9 FAM 40.63 N4.7-4 After 60 Days
When violative conduct occurs more than 60 days after entry
into the United States, the Department does not consider such conduct to constitute a basis for an INA 212(a)(6)(C)(i) inadmissibility.