POLICY & ANALYSIS
Application guides, policy context and the details behind immigration decisions.
This article explains what a USCIS Online Account Number (also called USCIS ELIS Number) is and notes that when filing forms such as I-539 online, if you cannot find the number, you may select 'I do not have a USCIS Online Account Number,' citing general advice from attorneys on Avvo.
This article reviews how various federal pandemic aid programs relate to the public charge rule: COVID-19 testing, prevention and treatment, relief payments, P-EBT food benefits, unemployment benefits and small business loans do not count as public charge, while Medicaid applied for during the pandemic for non-COVID-19 reasons still counts.
Answering a reader's question about whether a new I-94 issued with a B2 extension approval must be turned in upon departure, this article explains electronic versus paper I-94 records, notes that departure by commercial air or sea carrier generally requires no surrender, that land, private vessel or private plane departures require correcting the record, and offers steps such as keeping boarding passes and approval notices, checking with CBP, and mailing the I-94 to the listed addresses.
The article addresses a reader's question about Item C on Form 1040-NR, which asks whether the filer has ever applied to be a U.S. green card holder. Citing IRS guidance, it states that having filed Form I-485 or DS-230 means answering 'yes,' while not having filed I-485 means answering 'no,' and notes the response is informational only, not legal advice.
This article explains how to file a B1/B2 status extension online through the USCIS website, with a video walkthrough. It also points readers to other notes, the paper filing option, and related articles.
Based on USCIS guidance, this article outlines which documents must be submitted in original form with an application or petition, including application forms, I-20, DS-2019, labor certification, Form I-693, and English translations. It also explains when copies are acceptable, when originals may still be required at interview or by written notice, and how to request return of originals using Form G-884.
This article explains that free or reduced-price school meals under the federal Food and Nutrition Service do not make an immigrant a public charge, even under the proposed 2018 rule, which has since been rescinded.
This article outlines key points for green card holders in maintaining permanent resident status, including how prolonged absence from the United States affects reentry, when a Reentry Permit or SB-1 returning resident visa applies, evidence that can demonstrate intent to reside in the U.S., and conduct that may lead to green card revocation. It also covers Selective Service registration, replacing a Social Security card, filing taxes as a resident, immigration of children born abroad, and the residence requirements for naturalization.
This article, based on the USCIS 2018 policy memorandum, explains form signature requirements: a signature need not be legible or in English and may match one's usual signature; those unable to write may use a mark such as "X"; however, it must be a handwritten ink signature—printed, stamped, or autopen-generated signatures are not accepted, and non-handwritten signatures are treated as unsigned and may lead to application rejection. The article also distinguishes the different requirements of "signature" and "print your name."
This article explains the two paths for employment- and family-based immigrants—I-485 adjustment of status and consular processing of an immigrant visa—covering the steps of each, the use of Visa Bulletin Chart A and Chart B, and the conditions and forms for switching between them.
This article examines whether overstaying after a denied extension voids other visas. Citing an older USCIS memorandum, it explains that the visa under which the person was admitted and overstayed becomes automatically void, while other nonimmigrant visas do not automatically become void but cannot be used for admission and must be canceled if not issued in the person's country of nationality, illustrating this with an H-1B and B1/B2 example.
This article addresses whether Form I-693, the immigration medical examination report, must be submitted together with Form I-485. According to the USCIS Policy Manual, the I-693 may be filed concurrently with the I-485 or at any time after filing but before USCIS finalizes adjudication, including bringing it to an interview or waiting for a Request for Evidence. The article also offers general suggestions for cases with long visa backlogs or incomplete vaccination records.
