General Immigration Information

One of the foundational books of the “family education” genre, Harvard Girl Liu Yiting: A Character Training Record maintained a spot on China’s bestseller list for the first 16 months after its publication. It is essentially an in-depth guide for Chinese parents who want their children to study at Ivy League universities, which based on the book’s popularity and sales, represents a group of people in the millions. Not much has changed in the 17 years since the book took middle-class Chinese parents by storm in spring of 2000. For millions of students and parents alike, an American education is still the “dream” for which preparation in terms of both time and money starts early. Yet getting accepted at a respectable university is no longer enough. In order to remain competitive in their field, every student regardless of nationality, will need to fill in the space below the resume section heading titled Work Experience. Whether it’s navigating the technicalities surrounding a student visa or the ever-growing need for cultural intelligence, securing and succeeding in an American internship can be both daunting and complex.

Visas: A Quick How-To

The three most common visas for international students seeking an internship in the United States are J-1, M-1, and F-1 visas. In 2016, the United States issued 482,033 F-1/M-1 visas and 339,712 J-1 visas.

“The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.” The F-1 student visa is specifically meant for academic students and the M-1 is for “students in vocational or other nonacademic programs, other than language training.”

Both visas allow students to hold part-time on-campus jobs during the academic school year but only those students with F-1 status can work full-time on-campus during school breaks. Students on the J-1 visa who want to work full-time on-campus during school breaks must first get permission from their appointed Alternate Responsible Officer.

For F-1 students wanting to work off-campus full-time, for example in an internship capacity, they must either apply for Curricular Practical Training (CPT) or Optional Practical Training (OPT). CPT internships can be paid but must be directly related to the student’s degree. Typically students will receive some sort of academic credit for a CPT internship. In order to be eligible, students must have completed their first academic school year, must have a written offer of employment, must apply for authorization on their school visa, and receive an updated 1-20 form.

Optional Practical Training (OPT) internships differ from CPT internships in that they do not necessarily have to be a part of the student’s academic curriculum and can be done either while still enrolled (pre-completion OPT) or after the student graduates (post-completion OPT) or both (all periods of pre-completion OPT will be deducted from the available period of post-completion OPT). OPT is however, unavailable to F-1 students in English language training programs. Authorization for OPT internships does not require an offer of employment but requires an endorsement of the 1-20 form from the student’s designated school official, along with a notation in the Student and Exchange Visitor Information System (SEVIS), and the filing of a Form 1-765, Application for Employment Authorization Document (EAD) with the U.S. Citizenship and Immigration Services.

Certain students are eligible for an extension of the OPT period (up to 24 additional months for certain STEM majors). Applications can be submitted at any time prior to the expiration of a current OPT. If a student is offered full-time employment after their internship, they can petition to change their visa status from OPT to H1-B during their 60-day departure preparation periods.

What about entrepreneurs? F-1 students are eligible to start an entrepreneurial endeavor as long as it relates to their program of study and they are approved for OPT, either before or after graduation. Starting a business will rule out a student’s eligibility for the STEM OPT extension, since the applicant cannot be listed as their own employer.

Once an international student accepts an internship offer, the paperwork is fairly simple. First, the student must request a written offer from company headquarters on official letterhead that includes details such as the beginning and end date, the number of hours, pay, position title, supervisor, contact information, etc. The letter must then be brought to the university’s international student affairs office where they will process the necessary documents (usually between 3-5 days) and then present the student with a letter for the Social Security office. The processing of the letter typically takes a couple of hours in-person and then an additional two weeks until the student receives his or her official social security number. A small but important detail is that on-campus or CPT work must begin at least 15 but no more than 30 days from the application date.

Learning from Current International Students

Dandan Zhao, a visiting graduate student from Henan province in midland China found the internship recruiting process to be somewhat more difficult than she had anticipated. First of all, the environment is extremely competitive. Companies tend to already be somewhat hesitant about the possible language and cultural barriers associated with hiring a foreign student, not to mention the fear of investing in a potential hire that could be lost due to the H1-B lottery process. Not only are non U.S. citizen students competing against native-born Americans, but also scores of other internationals, working hard to go above and beyond to get the attention of recruiters. Dandan knew she had to work even “harder” than her American peers so she started to apply….to everything. “I began to interview with different companies 2-3 times a week. It was a lot but I think it made a difference in helping prepare me to better understand these companies and improve my interview skills.” This shotgun approach eventually landed Dandan a product management position with a global medical technology company for the summer.

Now at the half-way point of her internship, Dandan has found that the challenges for internationals don’t end with recruiting. While her coworkers are all very nice and helpful whenever she has questions, Dandan finds the nuances of American comedy to be the most tricky cultural hurdle in her daily routine. “I work on a very small, close team and I am the only intern. I’ve realized that there are some jokes that you just cannot understand, maybe about Star Wars or things you aren’t familiar with so you won’t get that sense of humor. Sometimes you just won’t be able to laugh at those jokes with your team and I find that very hard.” One way in which Dandan combats this potentially isolating situation is by being “really active”. “I try to be approachable and participate in all the activities. People are always asking me, ‘do you want to come to this activity?’ or ‘do you want to join this meeting?’ and I just automatically say yes.”

Prakash Singh moved to the U.S. from Bihar, India in the midst of the hot-button immigration issues of the 2016 election. He believes that this political climate had a direct effect on his internship recruiting efforts. “It was tricky, especially with the change of the new government and how the Trump administration is going to affect policies moving forward for those wanting to stay here and get a job. It was hard, harder than in years past.” Prakash learned quickly that he had a better chance of getting recruited to a company with an international presence, in the case that he got a job offer but not a work visa, he could be transferred to another location. Prakash eventually settled on Equinix, Inc., an American multinational interconnection company where he now works as a business analyst intern in San Francisco.

Whether company culture or American culture, he’s not sure, but Prakash noticed right away that the atmosphere was much different than his previous work as a software engineer analyst at Accenture, back home in India. “There don’t seem to be as many work deadlines – it seems a little more relaxed here. People have a lot of time to talk with their colleagues.” While it may not be what he’s used to, it’s clear Prakash has followed his own advice to, “Be receptive to a new culture and ideas. Don’t oppose the new things that you see. Be quick to learn and be confident to use what you learn and adapt to those changes. I have more and more interactions with people on my floor and around my cubicle, which is really good because I can create good relationships and learn a lot about the company.” Prakash is quick to add that it takes more than just passively accepting new practices from the people around you to succeed as an international student. “You have to make a good impression. Show them that you can do more than what they are expecting. If not, the company will say, ‘anybody can do that’. You really have to do something more, something out of the box, something they have not thought of or done before. Don’t be afraid to bring your unique experiences to the organization.”

When Lei Wang left hometown city of Yantai, China (population of over 6.5 million), she probably didn’t envision herself switching universities halfway through her graduate program or ending up working as the human resource talent acquisition intern at an outdoor gear company in Farmington, Utah (population of 22,159). When Lei talks about her experiences with recruiting, however, it is clear that flexibility and open-mindedness have been the keys to her success. Like most international students, Lei started by making a list of companies that are known to sponsor non-U.S. citizens for internships and jobs but unlike many of her peers, Lei chose to not limit herself. Companies like Dell, have repeatedly said that they do not offer sponsorships for human resources interns but Lei continued to network with the on-campus recruiters and student alumni and decided to go through with the application process anyway. “Make yourself necessary, and they’ll pick you,” she said, and they did just that. While she didn’t end up accepting that offer, Lei still learned a lot from the experience. “Be open to all opportunities! Some students give up because they see a company doesn’t offer sponsorship. A company may close the door but might open up a window for a sneak peak. If you want to stay in the U.S. you need to be very flexible in order to get a job. You don’t know which person could bring you the right resources or refer you to another company that does offer sponsorship.”

It is this same flexibility that has allowed Lei to explore several different options and discover that what she really enjoys doing is not necessarily what she came to America thinking she would pursue. Lately she has even considered returning to China to start her own business. “It’s quite common to not know what you really want when you first come to study in the U.S. Be flexible and don’t be afraid when there is something you want to change. Most students are still young and it doesn’t matter if they take some time to discover themselves.”

Roli Shukla is a self-declared introvert but hails from Delhi, one of the largest metropolitan areas in northern India. In terms of recruiting, Roli’s biggest struggle was answering the ambiguous question, “What makes you a good fit for this company?” “It’s not easy to know whether you fit with the company’s profile or not or to know how to demonstrate whether you’re a good fit – it’s a different culture – it was confusing… I don’t know anything about U.S. work culture and obviously the interviewer knows that I won’t know anything about it.” Roli figured that the best way she could prepare herself for these sorts of “culture evaluations” was to get as much information as she possibly could about the company. She read up on websites like Glassdoor and talked to everyone she could find who had interned there previously and also called current employees to ask more in-depth questions about the company values and overall work atmosphere.

This approach wasn’t meant to help Roli ‘trick’ the interviewer into thinking she was a good fit – it primarily helped Roli assess whether or not she herself would be happy at the company. According to Roli, being genuine with both the recruiters and yourself is essential. “Just be honest. During my interview, I think my honesty is what really helped me – I think it’s really valued. Just be open and frank and tell them if you have genuine questions. I think when you are honest, people are more willing and able to help you.”

In true introvert fashion, information gathering is one of Roli’s preferred tools. Not only has it helped her land a corporate strategy internship position with Fortune 500 company, Meritor Inc., it has also helped her adapt to the same cultural subtleties that she felt nervous discussing throughout the interview process.

Indian culture tends to have a reputation of hierarchy and a strong top-down structure throughout its society and organizations. In the corporate world Roli was used to, there is a large power distance between employees and their supervisors, that is workers are very much dependent on the boss for direction. To Roli, it seemed natural on her first day to ask what time she should be expected at work the next day. “Sometime between 7 – 9 am, he said. It was a shock to me that he gave me a range and not a particular time. But I realized that’s just how it must work here. For the first whole week I would ask for his permission to leave at the end of the day and I could see that he thought ‘Okay, why is she doing that?’ I realized that’s not something that happens a lot here so I started watching my coworkers and following them. That’s why observation is really great – it’s not specific to American culture but can help you adapt from one corporate culture to another.”

So while navigating the world of American internships may not always be simple, it is certainly not impossible. From the undecided Chinese explorer to the shy Indian observer, there is room for all personality types and backgrounds in the American workplace, so long as they are able to pick up on expectations, be versatile, and above all else, work hard.

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1. Track Your Status

USCIS Case Status Checker Tool

Keep track of your status and requirements. Make sure you know all the rules about your legal status—many international students have gotten in trouble over simple things, like taking too few credits in a semester or starting the wrong kind of job. As long as you have a clear understanding of what you should and should not do, you will be fine. The U.S. State Department’s website educationusa.state.gov offers excellent resources to help you understand the ins and outs of studying in the U.S.

2. International Student Services

National Universities With a Strong International Student Presence

Find the international student services office at your school. If you haven’t discovered your school’s office dedicated to assisting international students, do it as soon as you can. These offices can answer your questions on your legal status, familiarize you with the school’s culture, and invite you to events specially directed toward international students like you. Campus international student offices can also introduce you to other international students who are having similar experiences as you. There are plenty of people who have gone through exactly what you are going through now and can give you tried-and-true advice.

3. Make Connections

How To Make Friends in College or University

Make connections. During college, the people you meet are often just as important as the education you receive. As the saying goes, “It’s not about what you know, it’s about who you know.” The connections you make now can give you a valuable advantage both academically and professionally. Talk to professors during office hours, chat with career and academic advisors, and get to know your neighbors and classmates. Fortunately, you probably won’t be the only person on campus hoping to make connections. If you don’t have one already, set up a LinkedIn account to help you keep in touch with the people you meet in a professional setting.

4. Stay Positive

Learn English Online

Give yourself time to learn. Even if your country of origin is relatively similar to the United States, there will still be a culture shock. There is no need or expectation for you to be perfectly adapted to American life right away. Be observant and try to pick up on American habits and cultural tendencies. If English is a new language to you, be patient with yourself. When talking to professors, don’t be afraid to explain any difficulties you are having — you might be surprised how flexible and supportive they can be. You have worked hard just to make it here: don’t let yourself get discouraged now.

5. Be prepared for possible discrimination

Dealing with Discrimination at School

Unfortunately, be prepared for possible discrimination. Some people might not like your accent, your customs, or your opinions. As one student from Mexico said, “I wish I knew [before coming to the U.S.] that my English wouldn’t be perfect, that I would have an accent and some people would not like it. Discrimination is real, so you just have to learn how to live with it and understand that there is not much you can do besides representing your country the best way you can.” If you feel like you are being harassed or are in a hostile environment, contact the appropriate people (depending on the severity and circumstances, this could be the university international office, university administration, or the local police).

6. Find the Right Housing

5 Websites to help you find off-campus housing

Pick the right place to live. Are you interested in living on campus or off campus? There are usually all sorts of different residences for different interests and demographics, including dorms for all sorts of foreign language speakers. Look into the various price ranges, requirements, advantages, and disadvantages of your housing options to find just the right fit for your needs.

7. Have Some Fun!

11 Fun, Safe, And Completely Legal Ways To Have Fun In College

Enjoy an elective. Even with a tightly scheduled education, you will probably still have time for at least one class that’s just for fun. College is a time to explore your interests, so why not get a few credit hours while you are at it? Indulge your passions–jazz history, ceramics, tennis, whatever. You never know – the class you signed up for on a whim could lead you to a life-long passion. You often regret what you don’t do more than what you actually do.

8. Join a Club

Join a club or group. Or several. If in the course of taking your elective, you find something you really like, check to see if there is a club for it. Colleges are famous for having tons of fun, odd, delightful, and dynamic clubs. Whether you want to get involved with pressing social issues or just hang out with other students who love unicycle juggling as much as you do, clubs are the perfect outlet for expressing your interests and passions. Watch out for fairs and exhibitions that show off the different clubs. You never know if you might find your new group of best friends in a club.

9. Buy Your Books Online

CampusBooks.com – Buy, Sell, and Rent Textbooks Online

Buy your books online. While college bookstores are convenient and accessible, they are often your most expensive option. Amazon and other online retailers sell the books you need for class much cheaper. Unless your professor says otherwise, used books are almost always perfectly fine for classwork. Additionally, many online retailers (particularly Amazon) offer book rentals, which is an even cheaper option and saves you the headache of having to sell your books back at the end of the term. Just be sure to avoid damaging or marking up the books to the point where the retailers charge you for damages.

10. Get the Right Apps

Laptopmag.com – Best Apps For Students

Get the right apps. Having the right app on your phone can make your college experience much more convenient. If your college has its own app, it can be a valuable resource to keep you in the loop and engaged. See if you can make it onto your campus or local Snap Story on SnapChat, and take a look through Tinder if you are interested in finding a date. Of course, social networking apps are pretty much essential: Facebook and LinkedIn are invaluable tools to help you stay connected and informed.

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You have your green card, congratulations! Learn about your rights and responsibilities as a new U.S. Lawful Permanent Resident to help maintain your status.

Your New Rights and Responsibilities

Congratulations! Receiving your green card (officially called a Permanent Resident Card, Form I-551) is a life-changing milestone. It means you have been granted permission to live and work in the United States permanently.

Now that you're a Lawful Permanent Resident (LPR), it's important to understand both the new rights you've gained and the key responsibilities you must follow to maintain your status. This guide breaks down what you need to know as you start your new life in the U.S.

Your Rights as a Green Card Holder

As a Lawful Permanent Resident, you now have many of the same rights as U.S. citizens.

Here’s what you can now do:

• Live Permanently in the U.S.: You have the right to live anywhere you choose in the United States.
• Work Legally in the U.S.: You can work at almost any job without needing a special work permit (EAD). (Note: Some federal jobs may be restricted to U.S. citizens only).
• Own Property: You have the right to own a house, car, and other property in the United States.
• Be Protected by Law: You are protected by all federal, state, and local laws of the United States.
• Apply for a Driver's License: You can apply for a driver's license in your state or territory.
• Attend Public Schools and Colleges: You are eligible to attend public schools and colleges.
• Travel Outside the U.S.: You can travel internationally. However, there are important rules about how long you can be outside the U.S. without risking your permanent resident status (more on that below).
• Sponsor Relatives: You can file immigrant petitions (using Form I-130) for certain immediate family members, like your spouse and unmarried children, to get their own green cards.
• Receive Social Security Benefits: If you meet the requirements (usually by working and paying taxes for a certain number of years), you can receive Social Security retirement, disability, and survivor benefits.
• Apply for U.S. Citizenship: After meeting certain requirements (like living in the U.S. for three or five years), you can apply to become a U.S. citizen.

Your Responsibilities as a Green Card Holder

Maintaining your permanent resident status means following certain rules. These responsibilities are very important.

Here’s what you are required to do:

• Obey All Laws: You must obey all federal, state, and local laws. Committing certain crimes can put you at risk of being deported and losing your green card.
  
  
• File Your Taxes: You must file income tax returns with the Internal Revenue Service (IRS) and your state's tax department every year, just like U.S. citizens.
  
  
• Carry Your Green Card: It's generally recommended to carry proof of your permanent resident status with you. While you don't always need the physical card in your pocket every minute, you should have it available as your official government-issued ID.
  
  
• Update Your Address with USCIS: This is a critical responsibility. If you move, you must report your new address to USCIS within 10 days of moving. The easiest way to do this is by using the official USCIS Online Change of Address tool.
  
  
• Support the U.S. System of Government: You must support the democratic form of government and not try to change it through illegal means.
  
  
• Register with the Selective Service (if required): If you are a male between the ages of 18 and 25, you must register with the Selective Service System.

A Note on Maintaining Your Residence

Your green card gives you the right to live permanently in the United States. USCIS expects you to make the U.S. your primary home.

• Traveling Abroad: You can travel, but if you stay outside the U.S. for more than one year, USCIS may determine that you have "abandoned" your residency.
  
  
• For Long Trips: If you know you need to be outside the U.S. for one year or more, you should apply for a Re-entry Permit using Form I-131, Application for Travel Document, before you leave the country. This shows USCIS that you don't intend to abandon your status.

The Path to U.S. Citizenship

For many, getting a green card is a major step toward becoming a U.S. citizen. Being a Lawful Permanent Resident is a requirement before you can apply for citizenship through the process called "naturalization."

After you meet the eligibility requirements—which typically include holding your green card for a certain number of years (usually five years, or three if married to a U.S. citizen), demonstrating good moral character, and passing English and civics tests—you can choose to apply to become a full U.S. citizen.

Welcome to your new life as a U.S. permanent resident! Understanding these rights and responsibilities is the key to successfully living in the United States and, if you choose, eventually becoming a citizen.

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The B-1/B-2 Visitor Visa: Your Guide to Visiting the U.S. for Business or Pleasure

Planning a U.S. trip for business or pleasure? Learn all about the B-1/B-2 visitor visa, application steps, requirements, and what you can (and can't) do!

Whether it's for a big business conference or a vacation to New York City, you’ll likely need a B-1/B-2 visitor visa to make it happen. Using this form is one of the most common ways folks from around the world come to the U.S. for temporary stays. Let's break down what it is and how it works.

Disclaimer: This article is for educational purposes only and is not a substitute for legal advice from a licensed immigration attorney.

What Exactly is a B-1 Visa? (The Business Visitor)

If you're heading to the U.S. for work-related reasons (but not to take a new job there!), the B-1 visa is likely your best bet.

What You CAN Do with a B-1 Visa:

• Meet with business partners or consult with associates.
• Attend a scientific, educational, professional, or business convention or conference.
• Settle an estate.
• Negotiate a contract.
• Participate in short-term training (as long as you’re not paid by a U.S. source for it).

What You CAN'T Do with a B-1 Visa:

• Run a business or actively manage one in the U.S.
• Start a new job with a U.S. company.
• Get paid by a U.S. source for your activities (your payment must come from abroad).
• Enroll in a course of study for academic credit.

And What About the B-2 Visa? (The Pleasure Visitor)

The B-2 visa is for pleasure, tourism, or other non-business related temporary visits. This is the form to fill out for vacations, visiting family, or even coming to the U.S. to receive medical treatment.

What You CAN Do with a B-2 Visa:

• Tourism and holidays (vacations).
• Visit friends or relatives.
• Get medical treatment.
• Participate in social events, like amateur contests or events in music, sports, etc. (as long as you're not paid).
• Enroll in a short recreational course of study, not for credit (like a two-day cooking class while on vacation).

What You CAN'T Do with a B-2 Visa:

• Work or get paid by a U.S. source.
• Engage in full-time academic study.
• Aim for long-term residence in the U.S.
• Enter primarily for "birth tourism."

The B-1/B-2 Visa: Often a Two-in-One Deal

In most cases, the B-1/B-2 visas come packaged together. This gives you the flexibility to travel to the U.S. for either business or tourism purposes, or even a trip that mixes a little of both. So, if your business conference happens to be in Orlando, why not take a trip to Disney World while you’re there?

Who Can Actually Get a B-1/B-2 Visa? The Main Requirements

In order to get one of these visas, you’ll need to prove the following:

1. You Plan to Go Home: This is a big one. You must show you have strong ties to your home country (like a job, family, property) and that you intend to return after your temporary U.S. stay. This is called "non-immigrant intent."
2. You Can Afford Your Trip: You need to prove you have enough money to cover your expenses during your stay in the U.S., so you won’t become reliant on public funds or work illegally.
3. You're Allowed into the U.S.: You must be "admissible" – meaning you don't have certain criminal records, immigration violations, health issues, or other factors that would bar you from entry.
4. Valid Passport: Your passport needs to be valid for at least six months beyond your intended stay in the U.S.
5. No Pre-Arranged U.S. Job: You can't be coming to the U.S. on a visitor visa to start a job you've already lined up.
6. Legitimate Purpose: Your reason for travel must clearly fit within B-1 (business) or B-2 (tourism/pleasure) activities.

How to Apply: Your Step-by-Step Guide to the B-1/B-2 Visa

The application process generally involves these main steps. Keep in mind that specifics can vary slightly by U.S. embassy or consulate.

Step 1: Fill Out the Online Application (Form DS-160) This is the main application form, and it is completed online. You’ll need to upload a recent, qualifying photo as part of this process. Remember to print the confirmation page with the barcode – you'll need it later!

Step 2: Create an Online Profile & Pay the Fees You'll usually need to create a profile on the website used by the U.S. embassy or consulate in your country. This is where you'll pay the non-refundable visa application fee (often called the “MRV” fee).

Step 3: Schedule Your Interview Once your fee is processed, you can schedule your visa interview appointment at the U.S. embassy or consulate. Some applicants (like those renewing a visa or very young/very old applicants) might qualify for an interview waiver, but most first-timers will need an interview.

Step 4: Go to Your Visa Interview This is where you make your case to the consular officer. Be prepared to answer questions about your trip, your background, and your ties to your home country.

Key Documents to Bring (Always check the specific list for your embassy!):

• Your valid passport.
• The DS-160 confirmation page.
• Application fee payment receipt.
• Your visa appointment letter.
• Passport-style photos (if required, though often uploaded with DS-160).
• Supporting Documents: This is crucial! Here are some examples:
  
  • Letter from your employer (if B-1).
  • Invitation letter from U.S. hosts/family (if applicable).
  • Proof of financial means (bank statements, pay stubs).
  • Documents showing strong ties to your home country (property deeds, family documents, ongoing job).
  • For B-1: Info on the U.S. company you're visiting, conference details.
  • For B-2 (medical): Diagnosis from local doctor, letter from U.S. doctor/hospital, proof of funds for treatment.

What if Your B-1/B-2 Visa Gets Denied?

If your visa is denied, the consular officer should tell you the reason. Common reasons include:

• Not convincing the officer of your "non-immigrant intent" (that you’ll return home).
• Not showing enough funds for your trip.
• Incomplete application or missing documents.
• Misrepresenting facts (a big no-no!).
• Being found ineligible due to past immigration violations, criminal history, etc.

What Can You Do?

• You can usually reapply if your circumstances change or if you can provide new evidence that addresses the reason for the denial. You'll have to go through the process (and pay the fee) again.
• In some limited cases of ineligibility, you might be able to apply for a waiver (like Form I-601), but this is complex and often requires legal help.

Quick Note: The Visa Waiver Program (VWP)

If you're a citizen of certain countries, you might not need a B-1/B-2 visa at all for short business or tourist trips (90 days or less). This is thanks to the Visa Waiver Program (VWP).

Instead of a visa, you'd apply online for an Electronic System for Travel Authorization (ESTA) before you travel. It’s a different process and has its own set of rules. Check the Department of State website to see if your country participates in the VWP and if you're eligible.

B-1/B-2 Visa: Most Frequently Asked Questions

• How long is the visa valid? B-1/B-2 visas can be issued for up to 10 years, but this varies. The visa stamp shows an expiration date.
• How long can I stay on each trip? The visa's validity is different from how long you can stay. Each time you enter the U.S., a Customs and Border Protection (CBP) officer will decide your authorized length of stay, usually stamping it in your passport or noting it in your electronic I-94 record. This is typically up to 6 months.
• Can I extend my stay? Maybe. If you're in the U.S. on a B-1/B-2 visa and want to stay longer than initially authorized, you might be able to apply for an extension with USCIS using Form I-539 before your current stay expires. You'll need a good reason.
• Can I change to another visa status? Sometimes, but it can be tricky and has strict rules. For example, changing from a B visa to a student visa (F-1) or work visa (like H-1B) often requires careful timing and proving you didn't intend to do this when you first entered on the visitor visa.
• Can my family come with me? Your spouse and children generally can't come as "dependents" on your B-1/B-2 visa. They would need to apply for their own B-2 visas (or other applicable visas/VWP) and qualify independently.

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Average green card wait times explained. Discover what impacts your timeline and how to find current estimates.

One of the biggest questions on any green card applicant's mind is: "How long is this going to take?" It's a fair question, however, there's actually no one-size-fits-all answer. Green card wait times can vary wildly, from a few months to many, many years.

This guide will help you understand what "average wait times" really mean, what makes them change, and where you can look for the most current estimates for your specific situation.

Why Are Green Card Wait Times So Variable? Key Factors at Play

Think of the green card process like different lines at a big, government-funded amusement park. Some lines move fast, some slow, and sometimes new lines open up or old ones get longer. Here are the main things that influence how long you might wait:

• Your Green Card Category:
  
  • Are you an "immediate relative" of a U.S. citizen (like a spouse, parent, or unmarried child under 21)? These cases often move faster because there's no annual limit on the number of visas.
  • Or are you in a "family preference" category (like siblings or adult children of U.S. citizens, or spouses/children of green card holders)? These have annual limits, which often mean longer waits tracked by the Visa Bulletin.
  • The same goes for employment-based green cards – different preference categories (Priority Workers, Professionals with Advanced Degrees or Exceptional Ability, etc.) have different demands and potential backlogs.
• Your Country of Chargeability (Usually Your Birth Country):
  
  • There are per-country limits on how many immigrant visas can be issued each year. If you're from a country with a very high number of applicants (like India, China, Mexico, or the Philippines), you might face a longer wait than someone from a country with fewer applicants, even if you're in the same preference category. This is also tracked in the Visa Bulletin.
• Applying from Inside or Outside the U.S.?:
  
  • Adjustment of Status (Form I-485): If you're already in the U.S. and eligible to apply for your green card here.
  • Consular Processing: If you're applying for your immigrant visa from your home country through a U.S. embassy or consulate.
  • Processing times can differ between these two paths.
• USCIS Service Center or Field Office Workload:
  
  • Different USCIS offices handle different types of cases and have varying backlogs. The office processing your specific application can impact your wait time.
• How Well Your Application is Prepared:
  
  • A complete, accurate application with all the necessary supporting documents is more likely to be processed smoothly.
  • Mistakes, missing information, or insufficient evidence can lead to Requests for Evidence (RFEs), rejections, or even denials, which can add significant delays.
• Interviews:
  
  • Some applications require an interview, which can add to the processing timeline.
• Major Events or Policy Changes:
  
  • Things like pandemics, new government policies, changes in immigration law, etc. can unexpectedly affect processing capacities and wait times.

What Does "Average" Wait Time Really Mean?

When you see "average" wait times published (either by USCIS or other sources), it's important to understand what that means:

• It's an Estimate, Not a Guarantee: These are just general guidelines. Your specific case could be faster or slower.
• Based on Past Data: USCIS processing averages are usually calculated based on how long it took to process similar cases that were recently completed. They don't perfectly predict the future.
• USCIS Provides Ranges: USCIS often gives a time range (e.g., "80% of cases are completed within X to Y months"). This shows the variability and does not guarantee that all applications will be processed in that same time range. .

So, while averages can give you a rough idea, don't make plans based on them. Focus on filing a strong application and then using the official tools to track estimates for your specific situation.

How to Check Estimated Green Card Wait Times: Your Go-To Tools

Here’s how you can find the most up-to-date estimates:

1. USCIS "Check Case Processing Times" Webpage:
   
   • This is your primary tool for applications being processed by USCIS (like Form I-130, Form I-485, etc.).
   • How to use it check average process times:
     
     • Select the form type you're interested in (e.g., I-130, I-485).
     • Select the specific USCIS Field Office or Service Center that is (or would be) handling your case. You can find this on your receipt notices if you've already filed.
     • The tool will then show you an estimated time range for that form at that location.
2. The Visa Bulletin (for Preference Categories):
   
   • If your green card category is subject to annual limits (most family preference and employment-based categories), you also need to watch the monthly Visa Bulletin from the U.S. Department of State.
   • As we discussed in our "Visa Bulletin Explained" guide, this tells you when a visa number is available based on your priority date, category, and country. Your case can't be finalized until your date is "current" on the "Final Action Dates" chart (or you're eligible to file based on the "Dates for Filing" chart, as per USCIS guidance).
   • So, your total wait time will be a combination of:
     
     • The USCIS processing time for your petition (e.g., I-130).
     • Plus, if applicable, the wait time for your priority date to become current on the Visa Bulletin.
     • Plus, the USCIS processing time for your final application (e.g., I-485 or immigrant visa through a consulate).

Quick Checklist for Finding Your Estimated Wait:

• [ ] Know your green card category (e.g., Immediate Relative, F1, EB-2).
• [ ] Know your Priority Date (if applicable).
• [ ] Know your country of chargeability.
• [ ] Check the USCIS Processing Times tool for your specific form and office.
• [ ] If in a preference category, check the latest official Visa Bulletin.
• [ ] Also check the USCIS page for which Visa Bulletin chart (FAD or DFF) to use for I-485 filing.

What If My Wait Time Seems Longer Than Expected?

It's natural to get anxious if your case seems to be taking longer than the published estimates. Here are a few things to consider:

• Are You Looking at the Right Estimate? Make sure you're checking the correct form, category, and office for your specific case.
• Is Your Case "Outside Normal Processing Times"? The USCIS tool will often tell you a date when you can submit an inquiry if your case is taking longer than expected.
• Check Your Case Status Online: Use your receipt number on the USCIS website to see if there are any updates, RFEs you might have missed, or other notices.
• Respond Promptly to RFEs: If you get a Request for Evidence, respond as quickly and completely as possible.

If your case is significantly outside the normal processing times and you haven't received any updates, you might be able to submit a case inquiry to USCIS.

Navigating green card wait times requires patience and staying informed. By understanding the factors involved and knowing where to find official estimates, you can better manage your expectations throughout your immigration journey. Always rely on official government sources for the most accurate and up-to-date information.

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Getting a Marriage-Based Green Card in 2025? USCIS has updated forms, stricter rules, and climbing wait times. Here’s what you need to know.

It’s much tougher to land a green card in 2025. There hasn’t been any sweeping policy changes, rather, the devil is in the details. The official forms have changed, the filing rules have changed, and the messaging from USCIS seems to imply that the screws will continue to tighten in an effort to reduce immigration fraud.

If you plan on applying for a marriage-based green card, it’s essential to stay up to date with the most recent changes. And that’s what we’re here for. 

Updates to Multiple Immigration Forms

USCIS has made changes to three key forms used in the Marriage-Based Green Card process. Here are the updates for these forms:

Form I-129F (Fiancé Visa)

You absolutely must use the correct version of this form. If you send an old one, they'll send it right back. Also, the government fee to file this form went up to $675 back in April 2024. For current form edition dates, check here. 

Form I-130 (Petition for Alien Relative)

As of June 2026, the 04/01/24 version of Form I-130 is still the right one to use, but the cost to file changed to $625 for online filing, and $675 if you send in paper forms. Remember that form editions and filing fees change often. Be sure that you are using the most current form version and fee amounts when filing. 

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The new form also requires you to specify if your relative will have their green card interview in another country or in the U.S.

Form I-485 (Adjustment of Status)

Make sure to use the new 01/20/25 version of this form, which became required on April 3, 2025.

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The new form limits gender options to male or female only, and doesn't include an option for folks who prefer another gender description.

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Also, sadly, the main filing cost jumped to $1,440 in April 2024 (this usually covers fingerprinting). 

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You no longer have to show proof of a COVID-19 vaccine in your immigration medical exam.

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For the most up to date information for Form I-485, check here. 

Are USCIS Filing Rules Getting Stricter?

It's not just the forms themselves that have seen updates; USCIS is also getting more particular about how you file for marriage-based green card applications. Keep these important filing rule changes in mind as you fill out your application:

• Separate Payments Required: Each form requiring a fee must have its own separate payment. Submitting one check for multiple forms could mean your entire application package gets rejected, causing serious delays.
  
  
• Clear Processing Type Selection: You must now explicitly state if the green card applicant will pursue their interview at a consulate abroad ("consular processing") or within the U.S. ("adjustment of status"). Leaving this blank, or choosing both options, can delay your application.
  
  
• Earlier Medical Form (I-693) Submission: For many applicants, your Form I-693 (the sealed medical exam report) must now be included when you first file your main application package, not submitted later.
  

The minor tweaks and price increases all add up to make the green card process more difficult. It’s clear that USCIS is raising the bar for green card applications and it’s vital to follow the instructions to the letter.

Updates to Messaging Around Marriage Fraud

Beyond the direct changes to forms and filing fees, there have been a couple of other subtle shifts that have folks wondering if the government might be gearing up for a tougher stance on marriage-based green card applications.

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For example, this sentence was recently added to the I-130 form (which is the form for petitioning for a relative) webpage:

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“Report suspected immigration benefit fraud and abuse, including marriage fraud.”

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This language wasn't there at the end of 2024, and uses a more serious tone.

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Another example: ICE recently labeled its longstanding “Stop Marriage Fraud” campaign as “archived,” along with the disclaimer that the campaign is “not reflective of current practice.” 

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All the breadcrumbs seem to suggest that tackling marriage-based immigration fraud is a major priority for the current administration. All the more reason to make sure that your Marriage-Based Green Card is as accurate and as organized as possible. 

Processing Times are Climbing 

After parsing the data at USCIS’s Check Case Processing Times page, the average wait times for Form I-130 and Form I-485 have increased recently, which is especially true for marriage-based applicants. The same trend occurred during President Trump’s first presidency, so it feels safe to assume that the slowdowns aren’t a coincidence, and are unlikely to improve anytime soon.

Main Takeaways for Marriage-Based Green Card Applications

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While the eligibility rules for marriage-based green cards haven’t changed, the environment around the filling certainly has. Here are the main takeaways for marriage-based green card applications:

• Expect more scrutiny, specifically around form completeness, and providing clear evidence of an established relationship.
• Make sure all your forms are complete, and don’t forget to provide clear proof that supports your marriage claim (shared bank statements, children, etc.).
• Be aware of heightened immigration tension from the current presidential administration.

We’ll continue to monitor the situation for marriage-based green card applicants over time.

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Understand the USCIS Online Account Number: what it is, how you get one, and its role in managing your online U.S. immigration forms.

If you've filed certain immigration forms online with USCIS (U.S. Citizenship and Immigration Services) recently, you might have noticed a new number: your USCIS Online Account Number. 

This guide will explain what a USCIS Online Account Number is, how you get one, and why it's becoming an important part of managing your immigration journey online.

What is a USCIS Online Account Number?

Think of your USCIS Online Account Number as a unique ID for your personal online account with USCIS. When you create an account on the official USCIS website to file forms online, pay fees, or track your cases, USCIS assigns you this number.

It’s a way for USCIS to link all your online activities and applications filed through that specific account. It's different from:

• Your A-Number (Alien Registration Number): This is your individual identification number if you are a foreign national seeking a visa or immigration Benefit in the United States. 
• Your Receipt Number (e.g., IOE..., MSC..., EAC...): This number is specific to each application or petition you file. You'll get a new receipt number for most forms filed.
• Your Online Access Code: This is a separate code USCIS might mail you to link paper-filed cases to your online account.

The USCIS Online Account Number is purely for your online account itself.

How Do You Get a USCIS Online Account Number?

It's pretty straightforward:

1. Create an Account: You get a USCIS Online Account Number when you first register for an online account on the my.uscis.gov website.
2. Find It in Your Profile: Once you've created your account and logged in, your USCIS Online Account Number is usually visible on your profile page.

If you file a paper form first and then create an online account to link that paper case using an Online Access Code mailed to you by USCIS, you'll also see your USCIS Online Account Number in your online profile once it's set up.

Why Does USCIS Use This Online Account Number?

USCIS is trying to make things more digital and streamlined. This Online Account Number helps them:

• Organize Online Filings: It connects all the different applications and requests you might file through your single online account.
• Consolidate Information: It acts as a central identifier for your online interactions with USCIS, separate from your individual A-Number or case-specific receipt numbers.
• Improve Customer Service (Potentially): In the future, it might help USCIS representatives quickly pull up your online account history if you contact them.

Where Will You See Your USCIS Online Account Number on Forms?

As USCIS transitions more forms to online filing and updates paper forms, they've started adding a dedicated spot for the "USCIS Online Account Number."

• Online Forms: If you're filling out a form directly through your USCIS online account, the system may automatically populate this number, or it might be associated with your filing behind the scenes.
• Paper Forms: Many newer editions of paper forms (like Form I-130, Form I-765, Form I-485, etc.) now have a specific field where you can write in your USCIS Online Account Number if you have one.

Is It Mandatory to Have or Use a USCIS Online Account Number?

• If you file forms online: You will automatically have one, and it will be associated with your filings.
• If you file paper forms:
  
  • Currently, providing your USCIS Online Account Number on paper forms is often optional, but highly recommended by USCIS if you have one.
  • Including it can help USCIS link your paper-filed case to your online account more easily, allowing you to see case updates, send secure messages, and respond to RFEs online for that case.

What if I don't have one when filing a paper form? If you're filing a paper form and don't have a USCIS online account yet (or don't know your number), you can generally leave that field blank. You won't be penalized for not having one if you're filing by mail and haven't used the online system before.

However, creating an online account and then using that number can be beneficial for managing your cases.

Do I Need to Memorize My USCIS Online Account Number?

You don't necessarily need to memorize it, but it's a good idea to write it down someone secure and easily accessible. 

• In your USCIS online account profile page.

If a form asks for it and you have an account, it's best to look it up and include it.

Key Takeaways About Your USCIS Online Account Number:

• It's an ID for your personal USCIS online account, not for a specific case or for you as an individual immigrant (that's what A-Numbers and Receipt Numbers are for).
• You get it when you create an online account with USCIS.
• It helps USCIS organize your online filings.
• It's optional but recommended to include on newer paper forms if you have an online account.
• It's part of USCIS's move to more digital and streamlined processing.

As USCIS continues to improve its online systems, this Online Account Number will likely become an even more integral part of how you interact with them. For now, just know it’s there to help connect your online activity!

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Last Updated: March 26, 2025.

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Learn about name change procedures, court approval, filing fees, and updating legal documents with step-by-step instructions for restoring a maiden name or adopting a new one.

One way to reclaim your identity and move forward after divorce is by restoring your pre-marriage name. Whether you want to restore a maiden name, revert to a previous name, or adopt a completely new one, there are specific legal steps to follow. This guide provides a comprehensive overview of the process, including legal requirements, documentation, and potential challenges.

Restoring Your Maiden Name During Divorce Proceedings

Many jurisdictions allow individuals to request the restoration of their maiden name as part of the divorce process. This request is typically included in the initial divorce petition or response and must be approved by the court in the final divorce decree. If granted, this provision only allows for the return to a prior legal name and does not permit adopting a completely new name without additional legal steps. Rules can vary by state.

Steps to Restore Your Maiden Name During Divorce:

1. Include the Name Change Request in Your Divorce Petition or Complaint: When filing for divorce, there should be a place on the petition or response to request to restore your maiden or former name. If you are the respondent, you may need to file a separate motion or request to include this change.
2. Get Court Approval: The judge must formally accept the name change request and include it in the final divorce decree.
3. Obtain Certified Copies of the Divorce Decree: Certified copies of the final decree are required before you can update things like personal records and IDs.
4. Notify Government Agencies and Institutions: Once you have a certified copy of your decree, you should promptly update your name with entities including:
   • Social Security Administration (SSA) to update your Social Security card.
   • Department of Motor Vehicles (DMV) to update your driver’s license or state ID.
   • Banks, credit card companies, and financial institutions.
   • Employers and payroll departments.
   • Passport office for international travel documentation.
   • Insurance providers, utility companies, and other service providers.

Legal Name Change After Divorce

If you did not request a name change during your divorce or decide you want a completely different name after your divorce has been finalized, you will need to follow a separate legal name change process. 

Most courts require filing a formal petition, undergoing a background check, and obtaining a court order to finalize the name change. The process may vary depending on where you live.

Steps for a Legal Name Change After Divorce:

1. File a Petition for Name Change: Submit a petition to your county court. This document includes your personal details, the requested new name, and a reason for the name change.
2. Pay Filing Fees: Most courts require a filing fee, which ranges from as low as $25 to as high as $450. Fee waivers may be available based on financial hardship.
3. Complete a Background Check (if required): Some jurisdictions require fingerprinting and background checks to ensure the name change is not being pursued for fraudulent purposes, such as avoiding debts or criminal history.
4. Publish a Notice of Name Change (if required): Sometimes a legal name change must be published in a newspaper or other public forum as a legal notice. This ensures transparency and allows objections to be filed if necessary.
5. Attend a Court Hearing: The court may require you to appear before a judge to confirm your request. If there are no objections or legal issues, the judge will approve the request and issue an official court order granting the name change.
6. Obtain Certified Copies of the Court Order: Once approved, request multiple certified copies of the court order to update all legal and personal records.
7. Update Identification and Records: Use the certified court order to change your name on all official documents, including:
   • Social Security card (update with SSA)
   • Driver’s license or state ID (update with DMV)
   • Passport (update with the U.S. State Department or equivalent agency in your country)
   • Bank accounts, credit cards, and loan documents
   • Employment records and professional licenses
   • Health insurance, auto insurance, and other policies
   • Utility bills, leases, and property records

Changing Your Name During Divorce as a Non-U.S. Citizen

If you are not a U.S. citizen, changing your name during or after divorce may require additional legal steps depending on your immigration status and country of origin.

It's possible to do a name change while going through immigration processes; however, you should have copies of your name change documentation in hand and ready to submit to USCIS, in case the reviewing immigration officer gets confused about a petitioner or beneficiary's identity. If an immigrant or their spouse can't prove who they say they are with the documents to back their name change up, that could cause delays and will likely cause them to receive a request for evidence (RFE).

Immigration Documentation Updates

If you are a visa holder or lawful permanent resident (green card holder), you must update your name with the U.S. Citizenship and Immigration Services (USCIS) using the appropriate form (e.g., Form I-90 for green card updates).

If you are in the process of naturalization, you may be able to request a name change as part of your citizenship application.

Passport and National ID

You may need to update your name on your home country’s passport and other national identification documents through the respective embassy or consulate. Some countries may have specific rules about recognizing name changes made abroad, requiring additional legal steps.

Work and Visa Sponsorship Considerations

If you are on a work visa, notify your employer and update records with the U.S. Department of Labor or other applicable agencies. Sponsored visas may require notification to the petitioner (e.g., a spouse or employer sponsoring your visa).

International Travel Restrictions

Ensure your travel documents match your updated name to avoid complications at border controls. If you have dual citizenship, you may need to update both sets of documentation to ensure consistency when traveling.

Legal Recognition in Your Home Country

Some countries require a separate legal process to recognize a name change made in the U.S. Consult your home country’s embassy or consulate to determine the necessary steps.

Changing a Child’s Name After Divorce

A parent’s name change does not automatically extend to their children. If you want to change a child’s last name after a divorce, you must go through a separate legal process. Courts generally prioritize the best interests of the child and require consent from both parents, unless there are extenuating circumstances such as parental abandonment or safety concerns.

Steps to Change a Child’s Name:

1. File a Petition: Submit a formal request to the court in the county where the child resides. The petition must include the reason for the name change and details about both parents.
2. Notify the Other Parent: Most jurisdictions require that the non-petitioning parent be formally notified. If the other parent does not consent, they may have the right to contest the name change in court.
3. Attend a Court Hearing (if required): Some courts require a hearing, where the judge evaluates whether the name change is in the child’s best interests.
4. Obtain a Court Order: If approved, the court will issue a legal order granting the name change.
5. Update Official Records: Once the name change is granted, you must update the child's records, including:
   • Birth certificate (through the vital records office)
   • Social Security Administration (to update the Social Security card)
   • School and medical records
   • Passport and immigration documents (if applicable)

Considerations for Children with Immigration Status:

• Visa and Green Card Holders: If the child has a visa or green card, the name change must be updated with U.S. Citizenship and Immigration Services (USCIS). This often requires submitting the court order along with Form I-90 (for green card holders) or a visa amendment request.
• Dual Citizenship: If the child holds citizenship in another country, you may need to update their foreign passport and records through the appropriate embassy or consulate.
• Naturalization Applicants: If a child is in the process of applying for U.S. citizenship, a legal name change must be documented in all immigration filings to ensure consistency.

Additional Considerations for Name Changes

If you are changing your own or your child’s name, here are some things to keep in mind.

Legal and Financial Implications

Changing your name can have implications for financial accounts, property ownership, tax filings, and legal documents. Ensure all relevant institutions are notified to prevent complications.

Professional and Business Considerations

If you hold professional licenses, own a business, or have contracts under your previous name, ensure that all legal documents reflect the change to avoid issues with employment or ownership rights.

Travel and International Name Changes

As noted in the section about immigration status, if you have international ties, be aware that name changes may need to be recognized in other countries through additional legal steps, including updating visas, citizenship documents, and travel records.

Seeking Legal Assistance

While many name changes can be handled without an attorney, consulting a legal professional can provide valuable guidance, especially in cases involving minor children, name changes across different jurisdictions, or if complications arise. Legal aid services and self-help resources provided by government websites can also offer support and step-by-step instructions tailored to your location. Navigating a name change during or after divorce involves multiple steps and legal considerations. Understanding these processes in advance can help ensure a seamless transition and prevent future complications. Whether restoring a previous name or choosing a new one, following the proper legal channels will help you move forward with confidence.

On November 7, 2024, a federal district court in Texas struck down the Biden Administration’s Keeping Families Together parole in place program. The ruling comes after the court’s earlier temporary halt to the program. The Biden Administration may appeal the decision. We will provide an update once more information is available.

The USCIS Military Parole in Place Program Can Help You Understand What to Expect From Biden’s PIP Program Later this Summer

There have been a lot of immigration announcements over the past few weeks. Former President Trump recently announced that if he wins the election in November he would like to automatically grant students who graduate from U.S. colleges and universities a green card. Before that,  the Biden administration announced a new parole in place (PIP) program that will create a pathway to green cards and citizenship for certain undocumented spouses (and stepchildren) of U.S. Citizens. These developments can be a lot to follow, but don’t worry we have got you covered. You can research and compare the approaches from Trump and Biden by reading this previous article.

Whether you prefer former President Trump or President Biden’s approach there is no denying that the upcoming Biden PIP program represents an exciting and impactful opportunity for immigrants to strengthen the unity of their families. And we want to provide you with as much information as we can to help you navigate the Biden administration’s PIP application process when it becomes available.

Biden PIP Program Eligibility

Previously, we published articles that discuss what we know about the Biden program so far and what types of evidence USCIS will probably be looking for from applicants to prove their eligibility. If you have not yet read those articles, feel free to catch up with us. In the meantime, here is a quick list of what we know the eligibility requirements will be for the Biden PIP program based on the best information available from USCIS right now:

1. Current Presence in the United States Without Admission or Parole: You must currently be in the U.S. without having been formally admitted or paroled into the country.
2. Continuous Presence in the United States for at Least 10 Years as of June 17, 2024: You must have lived in the U.S. continuously for at least 10 years by June 17, 2024.
3. Legally Valid Marriage to a U.S. Citizen or Qualifying Stepchild of a U.S. Citizen as of June 17, 2024: You must be married to a U.S. citizen or be a qualifying stepchild of a U.S. citizen as of this date.
4. No Disqualifying Criminal History or Threat to National Security/Public Safety: You must have a clean criminal record and pose no threat to national security or public safety.

Now, let’s compare the USCIS military PIP program with what we know about the Biden administration’s recently announced effort to establish a PIP program for certain undocumented individuals with a qualifying relationship with a U.S. citizen.

Military PIP Program vs. Biden PIP Program Comparison Chart

In our earlier article we suggested that the current military PIP program may be the best example of what the Biden administration’s new PIP program might look like. Below, we have provided a comparison chart so you can more easily understand the differences of the two programs and better anticipate what the Biden PIP program will look like when more details are released later this year (hopefully this summer).

Question About PIPMilitary Parole in Place ProgramBiden Parole in Place ProgramIs there a required length of residence in the United States?No. There is no residency requirement for military PIPYes. Spouses of U.S. Citizens need 10 years of continuous residence as of June 17, 2024.For stepchildren, we do not yet know if there will be a residence requirement.What type of relationships to a U.S. citizen qualify?Spouses, children, and parents of a U.S. citizen or lawful permanent residents U.S. service member (active-duty, veteran, or select reserve of the ready reserve) qualify.Spouses and children (including stepchildren) of U.S. Citizens only. The spouse and children must have a qualifying relationship as of June 17, 2024.(Today it is unclear if standalone stepchildren will be able to apply independently, or if stepchildren will be able to apply only after a parent receives PIP first.)By what date must an applicant be married to a US Citizen to qualify? There is no deadline for when a qualifying relationship must be established to apply for military PIP.The marriage must have happened on or before June 17, 2024.What is the time period to apply for adjustment of status once parole is issued?There is no defined time-period to apply for adjustment of status after receiving military PIP approval. However, best practice is to apply within one-year of approval. According to the information available today, successful Biden PIP applicants will have 3 years to adjust status.What are the fees to apply?There are no fees to apply for military PIP.There will be an application fee, but details have not yet been released.Is employment authorization available?Yes.Yes. Successful applicants will qualify for 3 years of employment authorization. Is favorable exercise of discretion by USCIS required?Yes. USCIS must exercise favorable prosecutorial discretion. Yes. USCIS must exercise favorable prosecutorial discretion. Can applicants apply if they are in removal proceedings?No. Military PIP applicants in removal proceedings must first obtain prosecutorial discretion before applying. Yes, but only if they are not an enforcement priority as determined by law enforcement agencies.

**The above chart is based on the most current information available about the above discussed programs as of June 27, 2024. As more details are released program qualifications and eligibility requirements may change.**

What does this mean for immigrants?

Right now, USCIS has not released many details about the Biden administration’s PIP process. As more information becomes available we will definitely share it with you. In the meantime, it is a good idea for immigrant’s who think they might want to apply for PIP to anticipate what this program might look like once it is up and running. The military PIP program is probably the best example available. Additionally, if you think you might want to apply for PIP later this summer when the application process opens up, be sure to start collecting your supporting documents now so that you are positioned to act quickly and put your best foot forward. To help you with that we put together a list of supporting documents you will want to have ready to prove your eligibility.

We're happy you're here - and we've got your back!

While the policy changes are still in the early stages, we are monitoring USCIS updates and the media so you do not have to. The moment something changes and things become official, we will let you know. Thanks for your interest in SimpleCitizen. We make the immigration process simple. We’re happy you’re here!

Many immigration applications require proof of a visitor’s last entry into the United States. A few different documents can show this, one of them being Form I-94. Form I-94, which used to be issued as a paper version, is now issued primarily electronically. Sometimes, navigating how to find the I-94 can be overwhelming, but we will guide you through the process. This article will detail what an I-94 is, where to request an I-94, and what to do if your I-94 is unavailable.

What is an I-94? 

Form I-94 is the arrival/departure record of a nonimmigrant visitor’s most recent stay in the US. This document is issued by the Department of Homeland Security (DHS) upon arrival and is connected to the individual’s passport used for that arrival. In addition to recording a visitor’s most recent arrival, this document also designates until what date that individual is legally permitted to stay in the US. This date is called the “date of authorized stay” on Form I-94.

Form I-94 used to be provided on paper during a visitor’s entry into the US. The visitor would present the Form to US Customs and Border Protection (CBP) and be issued a paper stub indicating their arrival and authorized departure record. However, to streamline this process, CBP has automated Form I-94 to include a stamp in a visitor’s travel document/passport. This stamp will show the date of arrival and the date of authorized stay (the date when a visitor must exit the US). Additionally, CBP keeps an online record of the I-94 but does not present the visitor with that record. Suppose an immigration application requests a copy of Form I-94. In that case, it is requesting a copy of the electronic record (or the paper record if the last entry was prior to the issuing of electronic records). However, for immigration purposes, applicants typically include copies of the passport stamp from their recent arrival and the electronic I-94 record.

Who receives an I-94, and what is it used for?

The DHS may issue an I-94 to the following individuals:

• Visitors who are admitted into the US
• Visitors who are changing their status while inside the US
• Or visitors who are extending their stay while inside the US

Visitors may sometimes need a copy of their I-94 to verify their immigration status, alien registration, or employment authorization. Visitors who need a copy of their I-94 can request it from the US Customs and Border Protection (CBP) website.

The CBP website

The CBP website allows visitors to apply for a new I-94, request the I-94 from their most recent entry, and view their travel history (showing all of their most recent entries into the US). Additionally, since the I-94 records a visitor’s authorized stay, visitors can use it to see to what date they are legally allowed to remain in the US until. 

How to request an I-94 using the CBP Website

Please follow these steps when requesting an I-94 from the CBP website:

1. Visit the CBP’s “Get Most Recent I-94” page

2. Accept the “Terms of Service” by reading through them and indicating whether you “Acknowledge and Agree.”

3. Enter your traveler info: this page will request the first and last name of the visitor, their birth date, document number, and country of citizenship. Ensure that this information is entered EXACTLY as it appears on the visitor’s passport used for their most recent entry.

4. Then click “Next” to generate your most recent I-94.

You can print this page if you need the I-94 to verify immigration status, alien registration, or employment authorization or to keep it for your records. 

What can I do if my I-94 record is not available?

In some cases, visitors may be unable to request their I-94 from the CBP website. The following steps may help:

1. Try verifying that your personal information was entered EXACTLY as it appears on the passport used for your most recent entry. 
2. If needing to show verification of the most recent entry, requesting the Travel History from the CBP website may help. 
3. If you cannot get Form I-94 from the CBP website, you may file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.

What can I do if my I-94 record shows errors?

At times, the I-94 record available on the CBP website may be from a former entry (but not from the most recent entry into the US) or may have some errors on it. Here are a few options for how to proceed in these situations:

1. If the I-94 generated on the CBP website shows a previous, older entry, you may keep that I-94 record and also add an explanation explaining that the I-94 of the most recent entry was not available on the CBP website. In the explanation, provide the date of your most recent arrival in the US. In addition, you could request the CBP Travel History or add a scan of the passport stamp received as evidence of this most recent entry.
2. If the I-94 record shows any information on it that appears to be incorrect (such as the wrong date of entry or incorrect class of admission, etc.,), it may be helpful to reach out to the CBP of the airport used for your most recent entry to see if they can correct the record from their end. 

Using SimpleCitizen

The I-94 record serves as a log of a nonimmigrant’s most recent entry into the US. It also specifies the immigrant’s date of authorized stay. If an immigrant needs a copy of their I-94 record, they may visit the CBP website to request their I-94. If someone cannot obtain their I-94, they may also file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.

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Additional Websites:  

USCIS page for Form I-94

Customs and Border Protection I-94 Automation Fact Sheet