POLICY & ANALYSIS

Topic analysis

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

186 articlesNewest first

Fees, forms & filing2022-02-08

What to Do If You Made a Mistake on Form I-539

This article explains what to do after discovering an error on a mailed Form I-539: wait for the I-797C receipt with a receipt number, then contact USCIS customer service to correct minor errors, use InfoPass to book an appointment at a local office, write an explanatory letter if needed, or respond to a Request for Evidence. It notes that serious errors may lead to denial, requiring a new filing and fee, and that those whose legal status has expired must depart promptly.

Guide3 min read

Fees, forms & filing2022-02-08

U.S. B1/B2 Visa Application Process and Interview Precautions

This article walks through the U.S. B1/B2 visa application step by step: preparing a passport and photo, completing the DS-160, registering in the appointment system and obtaining a CGI reference number, paying through CITIC Bank, scheduling the interview, and the documents to bring on interview day. It also lists precautions such as planning ahead and consulate security restrictions, and the author stresses honesty based on personal experience applying for relatives and friends.

Guide11 min read

Fees, forms & filing2022-02-07

USCIS Interview Requirements for Interpreters

Based on a 2017 USCIS memorandum, this article explains the requirements for interpreters at immigration interviews: fluency in Chinese and English, generally at least 18 years old, and no bias or conflict of interest; attorneys and legal representatives may not serve as interpreters. It also addresses a reader's questions about Form G-28 and whether relatives may interpret.

Guide2 min read

Fees, forms & filing2022-02-07

Chinese Financial Documents in Extension Applications Require Full English Translation and Translator Certification

Citing USCIS's I-539 instructions, the article explains that documents submitted to USCIS containing foreign-language information must include a complete English translation, with the translator certifying that the translation is complete and accurate and that he or she is competent to translate. Using Chinese bank financial statements as an example, it suggests asking a bilingual friend to provide translator certification and includes a sample certification.

Guide2 min read

Work authorization & students2022-02-05

Do You Need Biometrics and Fees for a Second Extension If Fingerprints Were Already Taken for the First?

Readers ask whether parents need new biometrics and fees for a second extension. USCIS may waive biometrics, but the biometrics fee is still required, or the application may be rejected. A reader reported a notice stating no new appointment is needed, but the fee is non-refundable.

Guide2 min read

Green cards & adjustment2022-02-05

Obamacare Tax Credits and the Public Charge Assessment in Green Card Applications

This article explains that, under the public charge rule in effect from February 24, 2020, use of Obamacare tax credits neither helps nor hurts a green card application, and outlines the positive and negative factors considered by DHS. It also notes a March 9, 2021 update that the Biden administration would rescind the rule.

Guide3 min read

Family & children2022-02-05

When Can an F2B Green Card Applicant Marry? Timing and Eligibility Consequences

A reader asked whether, after marrying while an F2B priority date is pending, one can apply for extensions year by year and later switch to F3 to immigrate with family once the mother naturalizes. This article cites the explanation of a New Jersey immigration law firm: an F2B applicant who marries before entering the United States generally loses unmarried-child eligibility; only under specific conditions, such as marrying after the parent naturalizes, can the case convert to F3 while retaining the original priority date—otherwise a new I-130 must be filed and a new priority date obtained.

Guide3 min read

Work authorization & students2022-02-04

Understanding the USCIS Extension Denial Letter: What 'Establish Your Admissibility Again' Means

This article explains the phrase in a USCIS Form I-539 extension denial letter stating that a person seeking re-entry must establish admissibility again. It clarifies that the language does not cancel the visa; rather, a visa is not a guarantee of entry, and all travelers must be admitted by a U.S. Customs and Border Protection officer and granted status.

Guide5 min read

Green cards & adjustment2022-02-04

Green Card Adjustment Remains Available to Parents and Spouses of U.S. Citizens Despite Overstayed Status

Citing USCIS policy guidance, the article explains that immediate relatives of U.S. citizens generally may still adjust status despite being out of status, unaffected by certain INA 245(a) and 245(c) bars. It covers who qualifies as an immediate relative, risks of adjusting after entry, and options for B1/B2 visitors, including extensions versus filing I-485 directly.

Guide5 min read

Employment & work visas2022-02-04

Writing the EB-1A Petition Letter: Experience and Suggestions from a DIY Petitioner

A DIY EB-1A petitioner shares how to draft the petition letter: an opening summary, a four-part structure, and how to argue extraordinary ability through citations, authorship, and peer review, with notes on recommendation letters, journal-ranking tables, citation data, and patents.

Guide52 min read

Work authorization & students2022-02-04

The 10-Day Grace Period for H-1B and L-1 Visas and Dependents: Rules and I-94 Practice

Based on the 2016 Department of Homeland Security final rule and 8 C.F.R. 214.1(l), this article explains that H-1B, L-1 and related dependent statuses may receive two grace periods of up to 10 days each, one before the status takes effect and one after it ends. The actual period is controlled by the I-94 record, the grace period is not automatic, and work is not permitted during it. The article also discusses, in light of the reader's situation, the pros and cons of filing a timely extension versus changing to B status.

Guide6 min read

Work authorization & students2022-02-03

Does a B1/B2 Visa Extension Require Form I-134 or I-864 Affidavit of Support?

The article notes that an Affidavit of Support is generally used in immigration petitions; Form I-864 does not apply to B1/B2 visa extensions, while Form I-134 is mainly used for nonimmigrant visas such as K-1/K-3. Citing the Murthy Law Firm's view, it advises against submitting Form I-134 unless explicitly requested. The author also records his own experience applying for an extension for his parents-in-law: he did not complete Form I-134, attached his own bank statements instead, and the extension was approved without difficulty.

Guide3 min read

Topic analysis

What to Do If You Made a Mistake on Form I-539

U.S. B1/B2 Visa Application Process and Interview Precautions

USCIS Interview Requirements for Interpreters

Chinese Financial Documents in Extension Applications Require Full English Translation and Translator Certification

Do You Need Biometrics and Fees for a Second Extension If Fingerprints Were Already Taken for the First?

Obamacare Tax Credits and the Public Charge Assessment in Green Card Applications

When Can an F2B Green Card Applicant Marry? Timing and Eligibility Consequences

Understanding the USCIS Extension Denial Letter: What 'Establish Your Admissibility Again' Means

Green Card Adjustment Remains Available to Parents and Spouses of U.S. Citizens Despite Overstayed Status

Writing the EB-1A Petition Letter: Experience and Suggestions from a DIY Petitioner

The 10-Day Grace Period for H-1B and L-1 Visas and Dependents: Rules and I-94 Practice

Does a B1/B2 Visa Extension Require Form I-134 or I-864 Affidavit of Support?

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