POLICY & ANALYSIS
Application guides, policy context and the details behind immigration decisions.
This guide walks through Form I-485, the application to register permanent residence or adjust status, section by section, covering personal and family information, eligibility category, address and employment history, background eligibility questions, and signature requirements, with notes on overstay and arrest disclosure.
This guide explains the purpose and eligibility of Form I-130, distinguishes immediate relative and family preference categories, outlines relationship evidence and secondary evidence, describes online and mail filing and the $535 fee, and summarizes receipt notices, requests for evidence, and possible outcomes.
This article explains the difference between the passport fields in Part 1 and Part 4 of Form I-539 extension applications, and outlines how to fill them in when the admission stamp and I-94 are in the new passport, the old passport, or split between the two, including adding a note in the cover letter.
This article clarifies the passport validity requirement for B1/B2 visa extensions: USCIS only requires the passport to be valid for the duration of stay, not for six months beyond departure. It cites the official website and a reader's call to USCIS, concluding that the passport need only be valid through the intended departure date.
An overview of how foreign-born individuals may apply for U.S. citizenship through military service, covering service requirements, honorable discharge, Forms N-400 and N-426, fingerprinting, interviews and the oath, plus additional arrangements for veterans.
This article explains USCIS's 'Last Action Rule,' under which a nonimmigrant's status is determined by the last application that takes effect. It notes that the policy does not come from the immigration statute but was set out by USCIS officials in 1993 and reaffirmed in 2004. Using change-of-status scenarios, multiple simultaneous applications, and five case examples, it analyzes how status is determined when several applications are pending, explains that a change-of-status request is deemed abandoned if the applicant travels abroad before adjudication, that an extension request may still be approved but can be affected by the rule, and that applying for a visa abroad is not affected.
This article explains how departing the U.S. while a B visa extension is pending differs from departing during a pending change of status, describes possible denial or approval as of the departure date, discusses effects on the visa and future entry, the last action rule risk, and whether to withdraw the application or notify USCIS.
In October 2023, USCIS launched the E-COA online address change tool. Most applicants with a USCIS online account can use it to update their address online, without having to amend each application separately or file Form AR-11. However, a very small number of applicants—such as VAWA domestic violence victims and T/U nonimmigrant status holders—cannot use the tool for now. The article also notes that noncitizens who have not naturalized must notify USCIS within 10 days of an address change; otherwise, in theory, they may face fines, imprisonment, or even deportation.
This article explains who may qualify for a (c)(35) temporary work permit and, based on USCIS Policy Alert PA-2023-18 of June 14, 2023, outlines circumstances that may count as 'compelling,' including serious health conditions, employer misconduct and unexpected substantial harm. It notes that job loss alone generally does not qualify, describes the exception for significant disruption to an employer's operations, and presents case examples and the limits of this authorization.
This article explains the legal effect of the I-864 affidavit of support and when it ends: the sponsored immigrant naturalizes, accrues 40 quarters of work credits, dies, or abandons the green card and leaves the U.S.; divorce does not terminate it. A sponsor may withdraw in writing before an immigrant visa is issued or an adjustment application is decided, but generally cannot do so unilaterally afterward; in visa cases, the petitioner must withdraw the petition and notify the Department of State.
This article explains that the I-94 and passport admission stamp should match, and that the period of authorized stay is determined by the USCBP officer at entry, not the visa validity. It advises contacting a USCBP Deferred Inspection Office to correct errors, and includes reader experiences and CBP's online contact tool.
U.S. Citizenship and Immigration Services announced on August 21, 2023, a new online appointment request feature allowing applicants, attorneys, and representatives to request in-person appointments at local offices without calling the contact center. The article explains that the feature submits a request only, subject to review and approval by the contact center, and lists the appointment categories currently supported.
