Recording A Departure When Form I-94 Was Not Turned In During U.S. Departure

March 2010 - The U.S. Customs and Border Protection (CBP) has issued a memorandum directing aliens on how to record their departure from the United States when they forget to turn in their I-94 when leaving the U.S. An I-94 is typically turned in upon departing the United States to ensure that a departure is properly recorded. This ensures that the USCIS records are up to date and that the alien is not later charged with overstaying his/her visa.

In cases where the departure is not properly recorded, an alien may encounter future difficulty in subsequent immigration petitions or visa applications as it will appear that the alien did not depart the U.S. prior to the expiration of their earlier visa.

Aliens who forgot to turn in their I-94 upon departure are directed to send it, along with other documents that prove departure to the USCIS location in London, Kentucky. The USCIS will then validate the departure after reviewing the submissions, if sufficient.

pdf [Read The Directive for Those Who Forgot to Turn in I-94s Upon Departure]

F-1 Student/Optional Practical Training Visas Extended To Cover H-1B Visa Cap Gap

April 8, 2010 - The USCIS has issued a memorandum that provides guidance on the handling of F-1 Students or OPT visa holders whose authorized period of stay expires before they are able to change to the H-1B visa status starting October 1. The Cap Gap occurs when a student visa and/or OPT visa expires before October 1, when the F-1 Student may begin an H-1B stay. Normally, those with such a gap would have to leave the United States during the period after their visa expires and return October 1 with an H-1B visa.

This memorandum provides some guidelines to avoid such. Students with expiring F-1/OPT visas who have applied for H-1B visa may have the gap "bridged" and not have to leave the country during the gap period. Affected F-1 Students/OPT visa holders may do so by obtaining an endorsement of the I-20 from their school which permits their student status to be extended until October 1 when the H-1B status takes effect. This memorandum provides guidelines for obtaining the cap gap coverage.

pdf [Read The F-1/OPT H-1B Cap Gap Memo]

Waivers Available For Certain Aliens Who Entered Illegally or Engaged in Other Violations

Posted May 6, 2010 - Aliens who entered illegally or who violated certain immigration provisions are generally not permitted to enter or remain in the United States. Such aliens are generally ineligible for visas or adjustment of status. This exclusion applies to aliens who overstayed their visas, made misrepresentations on government documents, failed to maintain student status as well as those assisted those who failed to attend removal or deportation proceedings. The USCIS has published comprehensive directives that lists the waivers that are available to such aliens.

Aliens that qualify for a waiver of their violations may apply and, if successful, may be eligible to remain in the United States, obtain visas or apply for adjustment of status. Aliens in removal or deportation proceedings may qualify to file for a cancellation of the proceedings if a waiver is granted for the underlying immigration violation.

pdf [Read The March 2009 Publication Listing Available Waivers: Part 1 and Part 2 ]

Removal Of Alien For Conviction of Drug Paraphernalia offense May be Waived

Posted May 6, 2010 - A ruling by the Board Of Immigration Appeals addresses the issue of deportation and/or removal of aliens convicted for drug paraphernelia offenses. Certain aliens who are convicted of drug crimes are excudable and inadmissible. This case reiterated that aliens convicted for possessing drug paraphernelia are inadmissible and excludable. They may be deported or removed from the United States.

However, such aliens may apply for a waiver and prevent removal or deportation and apply for adjustment of status, if otherwise qualified. To avoid deportation, the aliens may submit a waiver to prove that the conduct "relates to a single offense of simple possession of 30 grams or less of marijuana." If said waiver is approved, qualifying aliens may then apply for permanent residency through adjustment of status.

pdf [Read The Entire BIA Ruling For Removal of Aliens Convicted of Certain Drug Offenses]

More Articles...