A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

Contact: 732-632-9888, http://www.1visa1.com/

Showing posts with label B1/B2 Visa. Show all posts
Showing posts with label B1/B2 Visa. Show all posts

Tuesday, August 26, 2025

Trump Administration to Review 55 Million U.S. Visa Holders

 


On Thursday, the State Department says it is conducting “continuous vetting” of all 55 million people holding valid U.S. visas, looking for any indication of ineligibility—from overstays and certain crimes to security concerns. If a violation is found, the visa can be revoked; if the person is in the U.S., removal may follow. In parallel, the administration paused issuance of worker visas for commercial truck drivers pending a vetting review.   Social-media screening will again be one of the tools used in the vetting process.

What does it mean?

Thus far, there has been no written policy guidelines on this review process. The State Department states verbally that it is reviewing more than 55 million valid visa holders for potential rule violations, framing this as an extension of “continuous vetting” that already applied to subsets of travelers (notably students) and now encompasses everyone with a visa—tourists, workers, and students alike. The government emphasized that if post-issuance information emerges showing ineligibility, consular officers can revoke a visa—and if the person is present in the U.S., they can be placed in removal proceedings. 

Consular officers have long had authority to revoke visas based on new derogatory information, often without a hearing. What’s new is the asserted universal scope and the promise to use a wider set of data sources, on a continuing basis, to trigger those revocations. 

Who is affected?

Nearly all nonimmigrant visa holders are within scope (tourist B visas, students F/M/J, workers H/L/O, etc.).  The 55 million number indicates the sweep also includes people outside the U.S. who hold multi-entry visas and may seek to return in the future.  

Most travelers from Visa Waiver Program countries (roughly 40 nations) are not affected because they don’t need visas for short stays—though they face their own ESTA screening. 

The State Department has not specifically mentioned permanent residents.  However, since permanent residents are also holders of immigration visas, hence it would not surprising that the vetting process may also cover them.  Typically, a green card holder who has been found to have committed a deportable offense will be placed in removal proceedings. 

What counts as a “deportable” or revocable violation?

According to the State Department, screeners are looking for indicators of ineligibility such as overstays (remaining beyond an authorized period), criminal activity and threats to public safety, and terrorism involvement or material support to designated groups.  If such information surfaces, visas may be revoked, and those present in the U.S. can be removed

How will the expanded vetting work?

Officials say the reviews will include law-enforcement and immigration records and a broadened review of social media. Coverage this summer documented State Department guidance that student/exchange visa applicants must make social-media accounts public for review; major outlets also reported posts may be assessed for hostile or extremist content. 

What to expect?

Recently, the State Department has revoked serveral thousands of student visas, most commonly tied to overstays, DUI/assault, or terrorism-related indicators. Under the current heightened vetting policy, students and researchers will be subject to heightened social-media scrutiny, processing delays, administrative processing, or revocations.  Professional workers and employers should expect more RFEs (requests for evidence) from USCIS and 221(g) notices form consulates.  Tourists and business visitors will find it more difficult and expensive to obtain temporary visitor visas. 



Wednesday, August 6, 2025

Applying for a U.S. Visa is getting Expensive

 




If you plan to visit America, expect to pay higher fees. Additionally, applicants from certain countries may have to post a visa bond of up to $15,000 in order to secure a visa.

In a move that has reignited debate over U.S. visa policy, the U.S. Department of State has announced a 12-month visa bond pilot program targeting certain B-1 (business) and B-2 (tourism) visa applicants. Scheduled to begin on August 20, 2025, the program authorizes U.S. consular officers to require visa applicants from certain countries to post a refundable bond of up to $15,000 as a condition of visa issuance.

Pilot Program - Visa Bond

Beginning August 20, 2025, the U.S. Department of State will launch a 12-month pilot program requiring certain applicants for B‑1 (business) and B‑2 (tourist) visas to post a bond—ranging from $5,000 to $15,000—as a condition of visa issuance. Bonds are refundable if applicants comply with their visa terms and depart on time; otherwise, the bond is forfeited.
Who must post the visa bond?

According to the U.S. government, countries with high U.S. visa overstay rates based on FY 2023 DHS data and deficient document screening or vetting practices are targeted. Further, countries that offer citizenship-by-investment programs with no residency requirement are also likely targeted by the State Department. Applicants from Visa Waiver Program (VWP) countries are exempt.

The State Department is supposed to announce the specific list of countries on their website. As of August 5, 2025, the State Department website only lists two countries that are subject to the visa bond - Malawi and Zambia. However, additional countries are expected to be added to the list later on.


Visa Integrity Fee

Additionally, starting October 1st, 2025, nonimmigrant visa applicants must pay a visa integrity fee of $250, on top of the regular visa application fee. This new fee was enacted by President Trump's One Big Beautiful Bill on July 4, 2025.
The $250 visa integrity fee must be paid by applicants of most nonimmigrant visas, such as tourists (B1/B2), students (F/M), exchange visitors (J), workers (H1B, L1, O1, R1, etc.). Each dependent with a separate visa stamp (e.g., H‑4, F‑2, J‑2) must also pay the fee. So a family of four would have to pay $1,000 in integrity fees alone.

Visitors from 42 countries in the Visa Waiver Program (VWP) (e.g. United Kingdom, Japan, Germany) who enter via ESTA are exempt from the new visa integrity fee. However, their ESTA fee will increase from $21 to $40. Canadians are also exempt as they are allowed to enter the United States visa-free.

The integrity visa fee is supposed to be refundable if the applicant abides by the rules and does not work illegally. However, actually getting a refund is expected to be difficult due to administrative and procedural hurdles.
 

Tuesday, October 8, 2024

New Visa Services Launched for Certain European and African Countries

 



On September 30, 2024, the U.S. Department of State (DOS) launched a new visa appointment system called AVITS, aimed at improving services for visa applicants. The system is currently active in several countries, including:

Belgium, Burkina Faso, Cameroon, Côte d'Ivoire, the Democratic Republic of the Congo, France, The Gambia, Ghana, Liberia, Nigeria, The Netherlands, Rwanda, Senegal, and Sierra Leone.

For those with previously scheduled appointments in the old system, the existing appointments remain valid, and instructions for creating a new account will be sent to the registered email. However, there are reports regarding issues with the new system, including payment problems and difficulties booking appointments using certain USCIS receipt numbers.

The new system can be accessed at: https://www.usvisaappt.com/visa/.  Applicants are encouraged to visit the local U.S. Embassy websites for FAQs and updates.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  



Saturday, May 18, 2024

The U.S. Issued Record 5.2 Million Nonimmigrant Visas

 



For those considering a journey to the United States, there has never been a better time to apply for a visa. The U.S. Department of State is having an exceptional year in visa processing, making it easier for travelers, students, and workers to come to the U.S. Here’s what you need to know about the latest updates and achievements in visa issuance.

A Historic Year for Visa Issuance

In the first half of the 2024 fiscal year (October 2023 to March 2024), the State Department issued nearly 5.2 million nonimmigrant visas globally. This impressive figure surpasses all previous records for the same period. Notably, 30% of U.S. embassies and consulates set all-time records for the number of nonimmigrant visas issued.

The Department of State plays a crucial role in facilitating travel and tourism, a vital sector for the U.S. economy. International visitors contribute significantly, with recent figures showing an annual impact of $239 billion, supporting approximately 9.5 million American jobs.  The following are the key highlights from FY 2024.

Tourism and Business Travel (B1/B2 Visas):

  • Nearly 4.1 million B visitor visas (including border crossing cards) were issued for tourists and business travelers.
  • The highest-volume missions, including Mexico, India, Brazil, China, Colombia, Argentina, the Dominican Republic, and Ecuador, issued a record number of visas.

Academic and Workforce Contributions (F, M, J, H Visas):

  • 134,000 exchange visitor program participants and 115,000 students received visas, reinforcing the U.S. as a top academic destination.
  • Temporary or seasonal worker visas reached a record-breaking 205,000, supporting essential sectors like agriculture.
  • Almost 160,000 visas were issued to airline and shipping crew members, the second-highest half-year record.

Family Reunification and Employment (Immigration Visas):

  • Over 281,000 immigrant visas were issued in the first half of FY 2024, with a quarter of embassies and consulates surpassing past decade records.
  • More than 152,000 visas were issued to immediate family members of U.S. citizens, setting a new record for this category.

Enhancing Visa Processing Capabilities

To meet the growing demand for U.S. visas, the State Department has implemented innovative technological solutions and expanded the use of secure tools, such as waiving in-person interviews for eligible applicants. These measures ensure timely processing while maintaining strict national security standards.

What This Means for You

If you are planning to visit, study, or work in the United States, the current momentum in visa processing means your application is likely to be handled more efficiently than ever. The Department of State’s commitment to supporting the U.S. economy and American families through effective visa processing is stronger than ever.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  




Tuesday, March 28, 2023

State Department to Increase Visa Fees

 





By Paul Szeto LLC

The Department of State intends to increase the application processing fees for certain nonimmigrant visas as follows: 

•  Non-petition-based nonimmigrant visas such as B1/ B2 (except E category): from $160 to $185;

•  Petition-based H, L, O, P, Q, and R category nonimmigrant visas: from $190 to $205;

• E category nonimmigrant visas: from $205 to $315;

• BCCs for Mexican citizens age 15 and over: from $160 to $185;

These new fees will be published in a final rule to be published in the Federal Register on 3/28/23, and will be effective 60 days after publication.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  




Friday, February 11, 2022

Laos Citizens May Apply for U.S. Visas Now After Sanctions Lifted




The U.S. State Department recently announced that visa sanctions against Laos have been lifted by the Biden Administration.  As a result, Lao citizens may now apply for visas to enter the United States.  These include temporary visas such as student visas, tourist visas, work visas, etc., as well as immigrant visas filed by family members and U.S. employers.

These visa sanctions were imposed pursuant to INA Section 243(d) by the Trump Administration to pressure the Laos government to accept more deportees from the U.S.  Currently, sanctions remain in place for some senior officials of the Lao PDR government. 

The State Department asks visa applicants to be patient, as routine visa appointments will remain very limited in the near future due to a large volume of backlogged cases and current COVID-19 social distancing protocol.  

Immigrant visas to the United States are processed for citizens and residents of Laos at the U.S. Embassy in Vientiane.

The Machine Readable Visa (MRV) fee (aka the fee to schedule an interview) validity is extended until September 30, for individuals who paid an MRV fee but were unable to schedule and/or attend an interview during the suspension of services.  

Questions can be directed to the U.S. Embassy Vientiane Consular Section at CONSLao@state.gov. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 




Wednesday, November 10, 2021

U.S. Visa Services Resumed in China




The U.S. Embassy in Beijing and U.S. Consulates General in Guangzhou, Shanghai, and Shenyang have resumed regular visa services as of November 9, 2021, in accordance with CDC guidelines. 

Chinese travellers may apply for visas to visit the United States now. They are reminded to provide proof of vaccination status and negative Covid test result prior to boarding a flight to the United States.  

This is after President Biden's order lifting the travel ban for 33 countries including China as of November 8, 2021.  



(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Monday, March 22, 2021

Nonimmigrant Visa Interview Waiver Eligibility Expanded to 48 Months




Typically, anyone applying for a nonimmigrant visa, such as H-1B, L-1A, F-1, B-1/B-2, etc., at a consulate must undergo an interview first. One way to waive this interview is if the applicant already held a visa of the same category which expired no more than 24 months ago. Now, the Department of Homeland Security is temporarily increasing this 24 month period to 48 months. This rule will be in effect until December 31st, 2021. 

The DHS is taking this measure to reduce transmission of the coronavirus while continuing to process consulate cases, which were heavily delayed in 2020 due to the pandemic.

If you are now eligible for an interview waiver, please check your local embassy or consulate for more specific instructions on applying for one.


Tuesday, August 25, 2020

Non-immigrant Visa Interviews Can Be Waived for Up to 24 Months

The U.S. State Department has just announced today (08/25/2020) that U.S. Visa Officers may waive the in-person interview requirements for applicants applying for a non-immigrant visa (NIV) in the same classification, if the applicants' previous visa expired within the last 24 months. Before the announcement, only those applicants whose NIV expired within the last 12 months were eligible for an interview waiver. 

For example, if Johnny has a B-2 visa in his passport that expired in September 2018, he may not have to be interviewed again if he applies for a new B-2 visa now.   

The new policy, which will be in effect until 12/31/2020, aims at reducing personal contacts between the Visa Officers and applicants in the era of COVID-19.  

Visa services may not be available in all locations.  Applicants are reminded to contact their local embassy or consulate to find out what visa services are available to them. 



(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Thursday, July 16, 2020

Reopening of U.S. Consulates / Aging-out, H-4, L-2, J-2 Visas Exemption

Since the outbreak of the coronavirus in the US, it has become increasingly difficult for overseas applicants to apply for visas to enter the US.  Since March, the US embassies and consulates have been closed for business.  Then, President Trump issued two executive orders banning issuance of immigrant visas and also the H-1B, L-1 and J-1 visas from overseas.  It seems like the US has closed its doors to the world.  Recently, however, the Department of State (DOS) has made some announcements that are positive and encouraging to visa applicants. 

Gradual Resumption of U.S. Visa Services

First, DOS announced on July 14, 2020 that US Embassies and Consulates are beginning "a phased resumption of routine visa services."  It does not mean that all visa services will soon be resumed in all countries.  Instead, the reopening will occur on a "post-by-post basis," depending on local situation and health conditions.  All posts will continue to provide emergency and other mission-critical visa services.   Gradually, they will resume the routine visa services to the public.  

The State Department does not provide specific reopening dates for each Embassy and Consulate.  Instead, the public must check with their local U.S. Embassy or Consulate to obtain updated information.   It should be noted that President Trump's visa ban and travel restrictions are still in effect. Hence, resumption of visa services will only be limited to certain visa categories such as B-1 visitor visa, B-2 business visa, F-1 and M-1 student visa, etc., and other exempt categories such as spouses and children of US citizens.  However, due to the large number backlogged cases, one should expect longer waiting and processing times.



Exemption from Trump's Proclamation:  Aging-out Children and H-4, L-2 & J-2 Dependents
DV-2020 Applicants Excluded

The State Department also clarified on July 16, 2020, that the President's visa ban has certain exceptions.  In addition to humanitarian travel, public health response, and national security, children who are aging out may also request for exemption form the ban.  Specifically, if an immigrant visa applicant is going to age-out before or within two weeks of the expiration date of the visa ban, he or she may seek exemption.  

Further, if the H, L or J principal visa holder is exempt from the visa ban, their dependents are also exempt. So for example, if an H-1B principal is allowed to enter the US to perform a mission-critical assignment for the US government, her spouse and children will also be issued H-4 visas to enter.  

Importantly, dependents of H, L, J visa holders who are already present in the US will also be allowed to apply for dependent visas (H-4, L-2, and J-2) to enter.  This exception will allow many non-immigrant workers to be reunited with their family members. 

However, the State Department emphasized that Diversity Visa 2020 applicants are still subject to President Trump's visa ban, unless they had already been issued visas before the proclamation's effective date.  

Finally, DOS stated that valid visas will not be revoked on account of President Trump's proclamations.

Visa services are still very far from back to normal. However, these announcements represent a glimmer of light at the end of the tunnel. 




Tuesday, March 17, 2020

All In-Person Immigration Appointments Cancelled till April 1

USCIS is suspending all in-person services at its local offices on account of the Coronavirus until at least April 1 including:

-  Naturalization tests
-  Naturalization ceremonies
-  Green card interviews
-  Other in-person interviews
-  Asylum office appointments
-  Biometrics/fingerprinting appointments


USCIS field offices will send out notices and  new appointment notices to applicants and petitioners affected by this temporary closure.

USCIS is still open for emergency services such as emergency travel documents.  If you have an emergency service request, contact the USCIS Contact Center at 1 (800) 375-5283.

Overseas Visa Appointments

Many American Consulates are also suspending visa interview appointments.  Some of them provide only limited services.  Overseas visa applicants should contact their local American Consulate offices to find out if they are open for business. This includes immigrant visas and all nonimmigrant visas such as student visas (F-1, M-1), employment visas (H-1B, O-1, R-1, L-1), temporary visitor visas (B-1, B-2), etc.

Wednesday, January 29, 2020

The End of Birth Tourism in the United States

Anyone that is born in the United States is an American citizen, regardless of the parent's immigration status. This so-called birthright citizenship is guaranteed by the 14th Amendment to the U.S. Constitution. 

Unfortunately, some foreigners abuse this law by using it as an easy way for their child to attain citizenship. This practice is called birth tourism. Birth tourism is when a mother enters the country on a visitor tourist visa for the primary purpose of securing American citizenship for her child. The child automatically gains many rights and privileges as a citizen.  Some foreigners also overstay and some neglect to pay their hospital bills.

Last week, the Department of State published a rule on B visitor visas that addresses the above issue. This rule has been in effect since January 24, 2020.

Changes were made regarding the B visa, which is a visa for temporary visitors for business or pleasure. 'Pleasure' is now defined specifically to exclude those entering the country primarily to secure citizenship for their child through birth.

It is important to note that pregnant women who genuinely need to enter the country for specialized medical treatment are not part of this exclusion. These B visa applicants must be able to provide the following:
(1) A legitimate reason to travel to the U.S. for medical treatment.
(2) Proof that a doctor or hospital in the country agreed to provide treatment.
(3) The projected duration and cost of treatment and expenses.
(4) Ability to pay for the medical cost and expenses, either with pre-arranged assistance or by herself. 

Birth tourism has even spawned an industry catering to rich foreign mothers wanting to give birth in the United States. Companies offer "maternity hotels" to those paying upwards of $50,000 for services to give birth in America. They even coach their clients on how to answer questions from consular officers. 

Arrests have been made over this fraudulent practice. Last year, three people that ran companies providing these services in California were arrested. They faced criminal charges -- a first for birth tourism. The charges were for immigration fraud, money laundering, and identity theft. Custom Enforcement investigators say there are around 300 other people running birth tourism businesses in Los Angeles. Most of their clients are Chinese nationals.

Consular officers can question or deny a B visa if the applicant is unable to prove the above requirements. These stricter standards could make it more difficult for pregnant women wanting to enter the U.S. for reasons other than birth tourism. For some, this could mean losing access to specialized medical care in America. It is recommended that any B visa applicants affected by these new requirements consult an experienced U.S. immigration attorney.


Monday, June 3, 2019

Watch What You Post on Social Media

Thinking about applying for a U.S. Visa?  The content of your social media posts can now affect your U.S. visa applications for up to 5 years down the road. The U.S. State Department has gone ahead with implementing social media screening, which it had proposed last year. The affected forms are DS-160, which is for temporary nonimmigrant travel and K visas (fiancé), and the DS-260, which is for those intending to immigrate to America as a Permanent Resident. Both are filled out online through the State Department government website and must be done before a visa can be issued at a consulate. 

The forms have been updated with a section requiring a list of social media platforms that the applicant had used in the past 5 years. The form has a drop-down menu of most popular social media platforms to select from, and may later expand to include others. The applicant must choose every platform they had used in the last 5 years and list their username for each platform. The user account and its history will then be reviewed by the State Department, affecting whether a visa is issued.


Enter your email address:



The current list of social media is as follows:

Ask.FM
Douban
Facebook
Flickr
Google+
Instagram
LinkedIn
Myspace
Pinterest
QZone(QQ)
REDDIT
SINA WEIBO
TENCENT WEIBO
TUMBLR
TWITTER
TWOO
VINE
VKONTAKTE (VK)
YOUKU
YOUTUBE
NONE

Most of these social media are American companies with a few of them based in China. Applicants do have the option to specify that they do not use social media. However, lying on a visa application is fraud and has heavy consequences. Applicants are put in a tough spot -- they must give up their personal information and history through social media if they want to travel to the United States.

This change follows President Trump's "extreme vetting" executive order on immigration policy. Many foreign nationals have already been discouraged from traveling to America, including students and those doing business. For example, there has been a 2.7% decline in the total number of international students studying in the US at all levels from March 2018 to March 2019, according to USICE data. Tightened vetting, restrictions, and requirements in many areas of immigration procedure has turned these people away to places like Canada, Australia, etc. This social media update will likely further this trend as many foreigners choose their privacy over entry to the United States.

Sunday, April 1, 2018

A Test of America's Charm

By now, most of the world should have heard about the new U.S. visa requirements proposed by the Trump Administration.  The requirements will not be imposed for at least 60 days or longer. However, intending immigrants and foreign visitors and business travelers must already be pondering over whether a visa to enter America - a land of freedom and democracy - is worth sacrificing their privacy. 

New Visa Requirements
Technically, no new visa requirements have been proposed. Rather, only the visa applications will be revised to solicit additional information from applicants including 1) 5 years of social media information (i.e., account login info); 2) all phone numbers and email addresses used within the last 5 years; 3) 5 years of international travel history; 4) any history of deportation from any country; and 5) whether any family member has been involved in terrorist activities.  

Who Will be Required to Provide Additional Info
Applicants for both immigrant visas and non-immigrant visas will be required to provide the additional information, or their visa applications will not be processed.  Visitors who request to enter the U.S. under the Visa Waiver Program (VWP) will not be affected as they do not normally have to complete a visa application form. Approximately 38 countries (mostly European countries plus Taiwan, Japan, South Korea, Australia and Chile) are eligible for the VWP.  Canadians are also visa exempt for short stays of up to 6 months.  However, presumably citizens from these countries who are applying for regular non-immigrant visas and immigrant visas must still complete the new visa application forms. Individuals who have diplomatic and official visas will also be exempt.  

Impact to Visa Applicants Will be Substantial
Most intending immigrants would probably have no choice but comply with the new requirements.  Business travelers on official assignments would also have no choice but comply.  However, other casual travelers may not be willing or able to fork up the additional information requested. 

In this day and age, most people have multiple social media accounts, and several phone numbers, numerous email addresses.  And international travel has also been very common.  Privacy is certainly a major concern. Who would want to share their personal information, private conversations, photos, etc., to complete strangers and bureaucrats? Even if one is willing to give up her privacy, it would still be a great deal of inconvenience to collect five years' worth of accounts, phone numbers, email addresses and travel history.  The truth is that most people would not be able to provide the additional information easily as they just don't keep a record of all the social media accounts or email addresses used. 

Enter your email address:



Economic and Administrative Costs to the U.S. 
Recent reports show that the number of foreign students has already been on the decline on account of the stricter U.S. immigration policies.  It is understandable why some parents may decide to send their kids to study in other countries when slammed with these additional requirements.  Likewise, some investors may also decide to invest their capital elsewhere to avoid the hassle, not to mention the casual tourists who can easily pick another country for their family vacation. Think tourists from China, India, Mexico and Brazil.  Hence, the economic loss to the U.S. will likely to be substantial.  

Administratively, it would also be difficult to seriously implement the new policy.  Are the State Department visa officers going to investigate every email ever sent and phone call ever made? Are they going to login and investigate every social media account listed in each visa application? A lot of them will be in other languages.  How should they interpret the private conversation in social media between family members or close friends?  How would they know if they are jokes or not?

All this means that delays in visa processing times are very likely.  The bottom line to many visitors is this: Do I want to give up my personal info and privacy, and deal with a lot of inconveniences and delays in order to get a U.S. visa?  Although extreme vetting is done in the name of national security, ultimately it is also a test of America's charm in the world.




Wednesday, February 14, 2018

Change of Status from B-1/B-2 Visitor to F-1/M-1 Student

Every year, tens of thousands of visitors arrive at the United States on their B-1 business visitor visa or B-2 visitor visa for pleasure.  Many of them would like to change status from B-1 / B-2 visitor visa status to F-1 student status after their arrival. Some foreign travelers would like to enroll in an ESL course to brush up their English; some others intend to pursue an undergraduate or postgraduate degree in one of the fine institutions in the United States. In these situations, foreign visitors must submit a formal application to the U.S. Citizenship and Immigration Services (USCIS) to change their status.  They must wait till their request has been approved before starting their academic studies.

Generally speaking, USCIS has the discretionary power to approve or deny this type of applications for non-immigrant status change in the United States, meaning that USCIS will decide whether or not to approve an application based on the facts and circumstances of the case. For example, if an applicant made a false statement when they applied for her B-1 / B-2 visa, the request for a change of status will likely be rejected.

In addition, there has been important policy changes regarding this type of application since 2017.  Not only that applicants must prove that they have maintained their lawful visitor status at the time of submitting the Form I-539, Application for Extension / Change of Nonimmigrant Status, the applicant must also maintain their lawful status throughout the application process until 30 days before the term of the academic studies begins.  For examples, if an applicant's authorized stay in the U.S. has expired, then she is considered to have failed to maintain her immigration status. 

This requirement makes it more difficult for foreigners to apply for changes of status to F-1 because the usual maximum period of authorized stay in B-1/B-2 status is only 6 months.  One way to comply with this new requirement is to submit a timely I-539 application to extend one's B-1/B-2 status to "bridge the gap" in status.  Hence, an applicant must plan her application process and academic studies carefully.  Sometimes more than one extension application is required due to longer adjudication schedule in recent months.  Timing is critical here.  Careful consideration must be given to the academic schedule as well as the USCIS processing schedule.  Sometimes deferral of studies to the following term is necessary.

In short, a foreign visitor may still apply for change of status from B-1/B-2 status to F-1 student status (or M-1 vocational student status).  under the new immigration policy.  However, one must be very careful about maintaining her lawful immigration status throughout the application process.  Extension of status may be required to maintain one's lawful status.  An applicant should work closely not only with her immigration lawyer but also the educational institution's adviser (designated school official) to ensure that both the timing and documentation requirements are met. 

Saturday, September 23, 2017

U.S. Visa Holders Presumed Lying If They Engage in Disallowed Activities Within 90 Days of Entry

Foreign visitors need to watch out for they do within the first 90 days of their entry, or else, their visas could be cancelled and they might not be able to return to the U.S. again. 

New 90-Day Policy
Under the U.S. immigration laws, a person who has made misrepresentations to an American official is not allowed to enter the country.   Under Section 212(a)(6)(C)(i) if the Immigration Act, a foreigner who uses fraud or willful misrepresentation to apply for a visa, gain admission into the U.S., or to obtain other immigration benefit is inadmissible. Under a new State Department policy, it is easier now for a visa applicant to be found inadmissible based on false statements made during the visa application process. 

Specifically, the policy requires U.S. consular officers to presume that visa holders made material misrepresentations (false statements) in their visa applications, if within 90 days of their entry, their actions or behavior are inconsistent with, or in violation of, the visitors' visa status.  

When Harry Met Sally
For example, Harry applied for a B-2 visitor visa to enter the U.S. to visit his friends. However, one month after his entry, while visiting the Empire State Building in NY, he met Sally and fell madly in love with her. Unable to be separated from Sally, Harry proposed to her. After their marriage, Harry submitted applications to apply for a U.S. green card based his marriage to Sally, a U.S. citizen.  If the applications were filed within three months of his entry to the U.S., then Harry will be presumed to have made false statements when he applied for his B-2 visa.

Other examples of "bad" behavior that violates a foreigner's visa status include: working without authorization; enrolling in an unauthorized course of academic study; and engaging in activities that are not allowed by the visa status.
  
In general, a foreigner's immigration history, including any violations at any time, can be considered by consular and immigration officers when reviewing discretionary applications such as nonimmigrant visa applications and applications for green cards.

The new policy issued by the new State Department Secretary is another example of further tightening of the U.S. immigration policy under the Trump Administration.  Previously, nonimmigrant visa holders' behavior was scrutinized mostly during the first 30 or 60 days of entry. 

"I am innocent!"
Even under the new policy, applicants are allowed to have an opportunity to present evidence to rebut any presumption of fraud.  Take the above case as an example, if Harry can provide convincing evidence to show that he did not know Sally beforehand, their meeting was accidental, and their relationship blossomed explosively during a short time, then chances are good that he can overcome of presumption of fraud. 

The policy is imposed on all State Department employees and overseas consular officers.  USCIS has not yet formally adopted this policy.  However, individual immigration officers anecdotally have focused more on visa holders' activities after their initial admission, when reviewing applications to change or adjust status within the U.S.   Therefore, foreign visitors should be extremely cautious about their actions after arrival.  Since the new policy just came down recently without advance notice, foreigners who think they might have taken questionable actions should proceed even more cautiously to avoid visa cancellation and other negative consequences.  

Honesty is the best policy
On the flip side, foreigners should also be careful when applying for an America visa  It is important to be as accurate and complete as possible in their visa applications. Avoid making false statements or providing untruthful information about their biographic information such as marital status.  Be sure to disclose any family members that are living in the U.S. Review all information carefully before submitting the application. When in doubt, seek help from professional immigration attorneys.

Finally, although the new policy focuses on behavior within the first 90 days, foreign visitors should not assume that it is okay to engage in disallowed activities after 90 days of their entry. 

Monday, October 24, 2016

New Rule Requires Certain Chinese B1 / B2 Visitors to Enroll Online


A new rule will require some Chinese tourists and business visitors to enroll in an online system with their biographic and other information starting November 29, 2016.

The same rule was implemented by both the Department of Homeland Security (DHS) and Department of States (DOS) to establish the Electronic Visa Update System (EVUS) which, starting on November 29, 2016, requires Chinese nationals holding unrestricted, maximum validity B-1 (business visitor), B-2 (visitor for pleasure), or combination B-1/B-2 visas to enroll online, provide biographic and other information.  These Chinese visitors, after enrolling, will obtain a notification of compliance valid for two years before their travel to the United States.

The EVUS was created by regulations to authorize the collection of biographic and other information from foreigners who hold temporary non-immigrant  visas.  The program will be expanded to include other countries and nonimmigrant visa categories, according to DHS.

The EVUS system can be accessed at:  https://www.evus.gov.

Monday, May 19, 2014

Can a visitor travel to Canada or Mexico with a U.S. B-1 or B-2 visa?

Many foreign visitors entered the United States with a temporary Visitor Visa such as B-1 and B-2 visa. The B-1 visa is issued to visitors who come here for business reasons such as attending a convention, meeting a customer, negotiating a contract, etc.  The B-2 visa is issued to visitors who visit the U.S. for personal reasons such as sightseeing, visiting relatives, etc.  While they are in the United States, many visitors are also interested in visiting the adjacent countries such as Canada and Mexico.  At the same time, they also wonder if they could re-enter the United States after such visits.

Fortunately, the current U.S. immigration policy makes it very convenient for visitors to travel to Canada and Mexico with a valid B-1 or B-1 visa.  Generally speaking, a B-1 or B-2 visitor is allowed to visit Canada or Mexico for up to 30 days and re-enter the U.S.  One requirement is that the visitor must return to the U.S. before the end of the authorized period of stay as noted in the Form I-94.  The Form I-94 is issued when a foreign visitor enters the U.S. It used to be issued as a white paper form to visitors at the port of entry. Beginning April 30, 2013, the paper version of the I-94 form was replaced by an online version.

For instance, if you came to the U.S. on June 10 on a B-1 Visitor Visa, and was authorized to stay until December 10 in the Form I-94.  You then decided to visit Canada or Mexico.  You applied for a visa to enter these countries (note: visitors from many countries may enter Mexico without a visa) on November 10. Although these countries may allow you to stay for more than 30 days, you must return and depart the U.S. on or before December 10 to avoid "overstaying" your B-1 visa status.  

The process of allowing certain holders of U.S. nonimmigrant visas to return is called "automatic revalidation" of visa.  In the above situation, if the visitor would like to stay longer in the U.S. or an adjacent country, he or she may apply for an extension of his / her B-1 status with the U.S. Citizenship and Immigration Services. But such application should be submitted as early as possible.

However, it should be noted that nationals of Iran, Syria, Sudan and Cuba with expired or single-entry visas are not eligible for automatic revalidation.

It is also important to note that automatic revalidation only applies to temporary travel to the adjacent countries of the U.S.  If you travel to other countries such as England or Brazil, then return to the U.S., your entry will be considered a "new entry".   What are the differences? Well, basically the immigration officers of the Customs and Border Patrol (CBP) will scrutinize your entry more rigorously.  More questions will be asked. For example, you may be required to present evidence that you have an intention to return to your country of citizenship.  Further, if you committed a crime or performed other illegal acts while you were away, you would likely be denied re-entry.