Articles Posted in I-539 Change of Status

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We would like to inform our readers that a new development has been occurring in recent months involving Form I-539 change of status applications filed by prospective students. Students applications wishing to change their status from a B-2 visa classification to F-1 must proceed with caution. USCIS has recently been issuing denials for such change of status applications that request a change of status from a B-2 nonimmigrant visa classification to F-1 student status. These denials have been issued, despite the fact that applicants have seemingly filed their application in a timely and proper manner with USCIS. To submit an application in a timely manner, it is required that the applicant file an I-539 change of status application with USCIS, prior to the expiration of their underlying B-2 status, as indicated on the applicant’s I-94 arrival/departure record. An additional problem that has been occurring involves the delayed adjudication of these applications with the California Service Center. In delaying the processing of these applications, designated school officials (DSO) have been forced to defer student program start dates that appear on the SEVIS form, before adjudication of the applicant’s change of status application has been completed. The unfortunate cause of these delays has resulted in a discrepancy between the deferred program start date and the ending B-2 visa status or the date USCIS adjudicated the I-539 application to change status.

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Did you know that if you fail to provide USCIS written notice of a change of address, within 10 days of moving to your new address, you may be convicted of a misdemeanor crime?  If you currently have a case pending with USCIS, and you fail to provide written notice of a change of address to USCIS, within 10 days of moving, you could face a fine of up to $200, imprisonment up to 30 days, or both if convicted. If you are an alien (non U.S. Citizen) you could also face removal from the United States for non-compliance (INA Section 266(b)).

It is extremely important for applicants to notify USCIS immediately upon moving to a new address. Filing a change of address with USCIS is easy and it’s free. Applicants may change their address online by visiting the USCIS website and completing Form AR-11 online. In order to file a change of address online, you must know the Receipt Number (appearing on the Notice of Action) associated with your application, if your application is currently pending with USCIS. A Receipt Number is also known as the case number, identifying the petition submitted. The Receipt Number typically begins with three letters and is followed by ten digits.

The first three letters of the Receipt Number indicate the USCIS service center which is processing the petition, as follows:
– EAC – Vermont Service Center;
– WAC – California Service Center;
– LIN – Nebraska Service Center; and
– SRC – Texas Service Center

If you have filed more than one petition with USCIS (as in cases of adjustment of status for spouses of U.S. Citizens) you must provide the receipt number of each petition you have filed, when submitting the change of address online. If you do not have your receipt notice or have lost it, you should contact USCIS National Customer Service Center by telephone for assistance:

Our number is: 1 (800) 375-5283
Our TTY number is: 1 (800) 767-1833

If you are outside the United States and have filed an application or petition with a USCIS Service Center, you can call 212-620-3418 to check the status of your case.

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The Department of Homeland Security is currently under pressure to provide Temporary Protected Status (TPS) to Ecuadorians, following a 7.8 magnitude earthquake that rocked the Northern coast of Ecuador on April 16, causing nearly 600 fatalities. Dozens of people remain missing under the rubble, while thousands of Ecuadorians have sustained injuries. The Obama administration is expected to respond to a request from American lawmakers, which would allow Ecuadorians physically present in the United States, to apply for an extension of stay to remain in the country temporarily. Furthermore, New York City Mayor Bill de Blasio and other politicians have called on the Obama administration to intervene, by designating Ecuador as a country temporarily eligible to receive Temporary Protected Status (TPS). In a statement issued last week, De Blasio noted that New York City alone is home to nearly 140,000 Ecuadorian immigrants. Many of these New Yorkers face additional uncertainty about whether it is safe for them to return to Ecuador at this time. We must extend whatever support we can at this critical moment.” Approximately 143,000 Ecuadorians currently reside in the United States illegally in the states of New York, New Jersey, Illinois, California and Florida.

The administration is also being pressured by lawmakers to extend temporary protected status to migrants from Central America, due to the criminal and security concerns in the region including gang violence. The administration has not yielded to this pressure as of yet.

Enacted by the United States Immigration Act of 1990, TPS allows the government to extend the stay of foreign nationals whose countries have been affected by war, civil unrest, violence, natural disasters, or other emergent needs that concern the safety of foreign nationals from troubled regions. The provisions of the Immigration and Nationality Act (INA) allow this temporary status to exist, as well as other blanket forms of relief from removal of individuals from these affected regions. Under the INA, the executive branch and legislative branch are authorized to grant TPS as relief from removal for individuals from designated countries. The Secretary of Homeland Security and Secretary of State, are given the authority to issue TPS for a period of 6 to 18 months that can be extended if conditions remain the same in the designated countries. TPS recipients receive a registration document and temporary employment authorization for the duration that the foreign national is granted Temporary Protected Status. Temporary Protected Status is NOT a visa or a path to permanent residence. Foreign nationals who have been found inadmissible to the United States or in other words have been subject to a “bar” are not eligible to receive Temporary Protected States.

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For this blog we are answering 5 questions we have recently received through our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust and interest in our law office.

Change of Status B-2 to F-1

Q: I need advice regarding my change of status. I am currently in the United States on a B-2 tourist visa. I have filed a change of status application to change my status to F-1 student. My B-2 duration of stay will expire today and my change of status application to F-1 student is still pending with USCIS. I informed my school that I will be postponing my classes and was notified that I need to file a new I-20 and provide some missing information. I have time to make adjustments to my application but I would like to know the steps to correct any missing information. I also wanted to know if I need to leave the United States immediately since my F-1 application is still pending. Please assist.

 

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Do’s and Don’ts

If you are considering applying for a temporary visitor visa to travel to the United States for purposes of leisure or to receive temporary medical treatment, there are several things you should be aware of. First, you should understand what you can do while on a temporary visitor visa and what you cannot do. You may travel to the United States on a visitor visa if your visit will be temporary. The proposed visit must be either for recreational purposes such as to visit your friends and relatives in the United States, receive medical treatment, attend a short course of study related to the nature of your trip, or to engage in activities of a fraternal, social, or service nature. You may not enroll in a course of study that exceeds your authorized duration of stay of is unrelated to the nature of your trip, and you may not seek employment during your stay. If approved, a visitor visa is generally authorized for a 6-month period which may be extended for an additional 6 months by filing Form I-539 Application to Extend/Change Nonimmigrant Status.

Does your country participate in the visa waiver program?

Before applying for a visitor visa , you should verify whether you are a citizen of a country that participates in the visa waiver program. Presently 38 countries participate in the visa waiver program, as shown below.

Andorra Hungary Norway
Australia Iceland Portugal
Austria Ireland San Marino
Belgium Italy Singapore
Brunei Japan Slovakia
Chile Latvia Slovenia
Czech Republic Liechtenstein South Korea
Denmark Lithuania Spain
Estonia Luxembourg Sweden
Finland Malta Switzerland
France Monaco Taiwan
Germany the Netherlands United Kingdom
Greece New Zealand

If your country of citizenship participates in the visa waiver program, you may not need to apply for a tourist visa at a US Consulate or Embassy abroad. If you have been previously denied a United States visa, the Electronic System for Travel Authorization (ESTA) will automatically deny your ESTA submission and you will not be eligible to travel under the VWP even if your country participates in the program. Note: The House of Representatives and the Senate is presently in talks to approve a bill that will block individuals who have traveled to Syria, Iraq, Iran, or Sudan during the last 5 years from using the visa waiver program.

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