POLICY & ANALYSIS

Topic analysis

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

186 articlesNewest first

Green cards & adjustment2022-01-24

Mailed Extension Not Yet Receipted While Status Is About to Expire: Should You File Online Again?

A reader reports that an extension application mailed via UPS shows as delivered but has not yet been receipted, and the parents' I-94 is about to expire, so the reader asks whether to file online again. Author Derek Yang points out that duplicate filing would result in double fees with no refund, and explains that an extension filed after status expires may be denied and unlawful presence accrues daily. The article also relays an oral response the reader received from USCIS customer service; the author cautions that this statement has no legal effect and mentions that USCIS made exceptions during the pandemic.

Perspective2 min read

Work authorization & students2022-01-24

Does a Single B1/B2 Stay Plus Extension Have to Stay Under One Year?

Drawing on 8 CFR § 214.2(b) and the Department of State's Foreign Affairs Manual, 9 FAM 402.2-2(D), this article sets out the rules on the period of stay and extensions for B-1/B-2 visas. It notes that the claim that a single stay, including any extension, may not exceed one year in total lacks authoritative support. It also explains that B-2 entrants are generally admitted for six months by default, that each extension generally does not exceed six months, and that once an extension is approved the person's status remains lawful, though frequent trips may lead CBP to suspect immigrant intent.

Guide10 min read

Work authorization & students2022-01-24

Clarification: COVID-Era B1/B2 and Student Visa Extensions Are Not Up to 240 Days

This article corrects the misreading that B1/B2 and student visas can be extended for up to 240 days during the pandemic. The 240-day provision in USCIS guidance applies only to employment authorization automatically extended when a timely extension request is filed and 'where applicable'; it does not apply to B1/B2 or other non-work visas. B1/B2 extensions remain capped at six months, and students on D/S may stay as long as their studies require.

Perspective5 min read

Fees, forms & filing2022-01-23

USCIS Forms: Leave Blank or Write N/A for Inapplicable Fields?

This article discusses whether to leave fields blank or write N/A on USCIS forms such as I-485. The author notes that the policy of rejecting applications for blank fields was rescinded, but advises that unless instructions permit leaving a field blank, writing N/A is safer. Using Form I-9 as an example, it explains handling different fields and reminds readers to distinguish N/A from None.

Guide4 min read

Fees, forms & filing2022-01-22

How Many Checks or G-1450 Forms Should Be Submitted With a B1/B2 Extension Application?

For different combinations of Form I-539 and Form I-539a, this article explains how to separate checks or G-1450 forms when filing a B1/B2 extension, aiming to reduce errors by Lockbox staff and the risk that an entire application is returned, with fee-splitting examples for multi-person filings.

Guide2 min read

Family & children2022-01-17

Can a Family-Based Immigration Petition Continue After the Petitioner or Principal Applicant Dies?

Based on the USCIS Policy Manual, this article explains whether an immigration petition can continue after the petitioner or principal applicant dies. It covers the situations covered by INA 204(l), the requirement that the beneficiary actually reside in the United States, the rule that only one of multiple derivative beneficiaries need meet the residence requirement, the need to arrange a substitute financial sponsor, the conversion from conditional to permanent residence in marriage cases, and the discretion of immigration officers to deny a petition as not in the public interest.