POLICY & ANALYSIS

Topic analysis

Application guides, policy context and the details behind immigration decisions.

186 articlesNewest first
Work authorization & students

Possible Reasons an I-94 Stay Period Is Shorter Than Six Months When Entering the U.S. on a B Visa

This article outlines several situations in which the I-94 stay period may be shorter than six months when entering the United States on a B1/B2 visa, including overly frequent trips, a handwritten error in the admission stamp date, and a passport valid for less than one year. It also notes that mainland China is not on the Six-Month Club list and that the I-94 website date controls.

Guide2 min read
General policy

Leaving the U.S. After Overstaying: Departure Checks and Key Considerations

The article explains that overstayers can generally depart the United States with a valid passport because U.S. Customs and Border Protection does not conduct exit controls. It also covers baggage and electronic device inspections, requirements for travel to third countries and transit, passport validity, and carrying a pending extension receipt notice when departing.

Guide4 min read
Work authorization & students

When Should B1/B2 Visitors Apply to Extend Their Stay Due to the Pandemic?

This article answers a reader's question about how far ahead B1/B2 visitors should request an extension due to the pandemic. It explains that the length of an extension generally depends on the individual's own plans and that USCIS does not automatically grant six months; when circumstances beyond one's control make the return date unpredictable, it suggests applying for the maximum six months and explaining in the cover letter that the outbreak in China is still evolving and that it is impossible to predict when flights will resume or when travel back will be safe.

Guide2 min read
Fees, forms & filing

Can You Appeal a Denial to USCIS? Options for B1/B2 Extension Denials

Responding to a reader's question about a possible B1/B2 extension denial, this article outlines three options within 30 days of a USCIS denial notice—appeal, reopen, and reconsider—notes that B1/B2 extensions are not eligible for appeal, and discusses requesting a reopen based on new evidence that pandemic-related travel disruptions prevented return to China, while cautioning that approval is not guaranteed.

Guide2 min read
Work authorization & students

Can You Still Enter the U.S. via ESTA After a B Visa Refusal?

The article addresses the situation of a reader holding a Singapore passport whose B visa application was denied. Citing the consulate's denial notice, the U.S. Department of State's explanations of visa denials and the Visa Waiver Program (VWP), and its Chinese-language page, it explains that a recent denial may lead to refusal of ESTA authorization, additional scrutiny at entry, or denial of admission, and notes that visa-free travel does not apply to those planning to stay longer than 90 days. It advises reviewing the application materials first before deciding whether to reapply for a visa.

Guide2 min read
Fees, forms & filing

What to Do After Missing a Biometrics Appointment: Remedies Described by an Attorney

A reader who missed a biometrics appointment due to business travel asked whether to call USCIS to reschedule. This article relays the introduction by Michigan/Ohio immigration attorney Taylor Jameson on NOLO: within one week, one may copy the appointment letter and check 'request for rescheduling' and mail it back; contact the local ASC to ask whether walk-in is accepted; also reschedule by phone or online; if missed and not contacted promptly, the application may be deemed abandoned and denied.

Guide2 min read
Fees, forms & filing

Four Ways to Contact USCIS and How to Use Them

This article introduces four common ways to contact USCIS: sending a message through a USCIS online account, calling customer service, mailing a letter, and scheduling an Infopass appointment (currently suspended). It explains when each option applies and key operational points, and includes 2021 updates on changing biometrics appointments and the visibility of the 'Send us a message' option in online accounts.

Guide3 min read
Work authorization & students

Extending F-1 Student Status: Eligibility, Restrictions, and Application Process

This article explains the difference between an F-1 visa and F-1 status, outlines when and how F-1 students may apply for a status extension, lists the three required conditions and situations that do not qualify, describes documents schools may request, and uses an example to explain the relationship among the F-1 visa, Form I-20, and Form I-94, as well as options after the status end date.

Guide3 min read
Work authorization & students

Rumor Check: Can USCIS Issue a Letter Certifying That a Stay Was Not Due to Personal Reasons?

This article examines an online claim that travelers stranded by COVID-19 flight cancellations can obtain a letter from USCIS certifying their stay is not due to personal reasons. It finds no official USCIS guidance for such a letter, stresses that it does not replace Form I-539, and explains that extension applications should be filed before the I-94 expires, with late filings under unforeseen circumstances submitted promptly with an explanation.

Perspective2 min read
General policy

USCIS Remains Open During Federal Government Shutdown, Most Immigration Matters Unaffected

The article explains that during a federal government shutdown, USCIS remains open because it is primarily funded by application fees, and most petitions and interviews proceed as scheduled. However, a few programs—including the EB-5 Regional Center Program, E-Verify, the Conrad 30 Waiver for J-1 physicians, and non-minister religious workers—are suspended or affected pending appropriated funds or congressional reauthorization.

Guide4 min read
General policy

Trump Says He Will Sign Executive Order to Temporarily Suspend Immigration

In April 2020, Trump tweeted that he would sign an executive order to temporarily suspend immigration into the United States, citing the pandemic and protecting American jobs. This article records the statement, the author's views on visa backlogs and likely litigation, and divisions within the Chinese community over HR 1044.

Perspective2 min read

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