POLICY & ANALYSIS
Application guides, policy context and the details behind immigration decisions.
This article explains how automatic extensions work after filing Form I-751 to remove conditions on residence, notes that applicants remain lawful permanent residents while a case is pending beyond 18 months, and outlines how to schedule an appointment at a local USCIS field office and what documents to bring for a temporary I-551 extension stamp.
USCIS announced on January 23, 2023 that asylum applicants may file Form I-765 for (c)(8) work authorization online 150 days after submitting their asylum application, without mailing it. USCIS also cautioned that applicants outside categories permitted for online filing, such as (c)(8), who file online will have their applications rejected with no refund of the filing fee.
The article explains steps for a petitioner or attorney when a USCIS I-797 approval notice is lost in the mail: check with the post office, contact the processing service center, file an e-Request, make a FOIA request, or contact the DHS Ombudsman, with Form I-824 and its $465 fee as a last resort.
This article explains that since September 26, 2022, applicants who timely and properly file Form I-90 to renew their green cards receive an automatic 24-month extension, and describes how to use the I-797 receipt and expired green card to prove permanent resident status, as well as how to schedule an ADIT stamp if the expired green card is lost.
Based on CDC guidance, this article answers whether adults need rotavirus and Hib vaccines for the US immigration medical exam and outlines vaccine exemptions for age inappropriateness, contraindications, incomplete series, and flu season.
Using an AAO-published NIW approval for an electrical engineering researcher, this article walks through the three Dhanasar prongs: the national importance and broader implications of the proposed work, the petitioner's position to advance the endeavor, and whether waiving labor certification benefits the United States on balance. It contrasts a denied case and stresses that recommendation letters must specifically describe the work, its results, and its impact.
The article discusses the time interval for re-entering the U.S. after departing following a B1/B2 status extension: there is no hard rule, but returning soon after a long stay may raise suspicion of using a nonimmigrant visa to reside in the U.S.; it is generally advised to wait at least six months, preferably over a year, and an interval of less than six months is a clear warning sign. CBP also considers factors such as the applicant's circumstances, relatives in the U.S., and purpose of entry; long-stay travelers should be prepared for secondary inspection and able to explain the reason for the prior stay and plans for the current trip.
The article explains that when in AOS pending status after filing I-485, using a Combo card (combined AP and EAD) for employment or self-employment means choosing AOS pending status and abandoning the original F-1 or H-1B status; merely receiving the card without using it does not affect the original status. It lists risks such as varying school requirements for status and loss of lawful status if AOS is denied, and mentions that some immigration lawyers recommend maintaining existing lawful status until the green card is approved.
This guide outlines the materials and steps for F-1 (including OPT) and F-2 status holders applying to change to B-2 visitor status, covering Form I-539, the cover letter, proof of funds, passport and I-94 documents, fees and mailing addresses, along with online filing and the note on submitting during the grace period.
A reader entered the United States on a B visa on June 6, 2022; the passport bears only an admission stamp with no stated date of stay, and no I-94 record for this entry can be found on the CBP website. This article relays CBP's official guidance: first check the name, passport number, nationality, and how the middle name was entered; if the record still cannot be found, contact CBP through the Traveler Communications Center, which aims to respond within 72 hours; it also explains the different circumstances of I-94 records for asylum applicants and for those who apply for an extension of stay or change of status in the United States.
Based on the I-864 form (12/08/21 version) and its instructions, this article explains the difference between tax documents and income reporting in the green card affidavit of support: the most recent year's federal tax return is mandatory, returns for the two or three prior years are optional supporting evidence, yet income for the three most recent years must still be reported; typically the most recent year's income is what matters most.
This article explains the monthly Visa Bulletin issued by the U.S. Department of State, distinguishing Application Final Action Dates (Chart A) from Dates for Filing (Chart B). Chart A determines final green card issuance, while Chart B applies only to adjustment of status within the U.S. and requires USCIS confirmation of usability. Examples illustrate that a cutoff date does not equal an individual's wait time; the wait depends on backlog size and visa issuance speed.
