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Immigration Matters:
Your U.S. Compliance Roadmap

Foreign nationals entering the U.S. have a lot to prepare for. Here, we provide guidance on the important procedures you need to know, including visa issuance at U.S. consulates and embassies, security screening, and the immigration obligations of foreign nationals traveling to and staying in the United States.

Immigration Matters: Your US Roadmap

Whether you’re a short-term visitor, sponsored employee or U.S. resident, we know that you have a lot to prepare for when coming into the United States. Making sure that you meet your U.S. immigration obligations can help ensure that your travel to and time in the United States are as smooth as possible. 

Here, we provide guidance on your most important responsibilities:

      • Applying for a visa at a U.S. consulate
      • Security and background screening
      • Border inspection procedures
      • Your immigration documents
      • Notifying the government when you change your U.S. address
      • Maintaining your U.S. lawful permanent residence
      • Protecting yourself against immigration fraud

Your Fragomen professional can assist if you have any questions about these or any other U.S. immigration obligations.

For national security reasons, the U.S. government has strict visa issuance and admission policies, and gives immigration and consular officers broad authority to initiate lengthy background and security checks, conduct personal interviews with applicants, collect biometric information from foreign nationals, deny visas, and bar reentry. Stringent security checks are possible at each stage of travel; therefore, foreign nationals  planning to travel outside the United States should be prepared for possible delay and inconvenience.
 
Upon application for entry to the United States, you should expect thorough screening procedures at airports and other ports of entry. Your identity and the validity of your visa will be checked against law enforcement databases. You will be fingerprinted and photographed upon entry. You may also be subject to intensive questioning about your immigration status, travel history, the purpose of your visit, background, employment and other issues. This could include a search of your electronic devices. If you are a citizen or national of a country of interest or concern to the United States (discussed further below), you may be subject to additional levels of screening.
 
During these entry procedures, you must remain patient and answer all questions clearly. Before you travel, check your employer's procedures for dealing with searches of company-owned phones, laptops and other devices. During inspection, answer questions to the best of your ability. If you do not understand a question, ask for clarification before answering. Omitting or misrepresenting information can result in denial of entry, removal from the United States or even possible criminal penalties. If detained at the port of entry, you are generally not entitled to have a lawyer present, but you should ask for permission to contact Fragomen offices if the need arises. You should explain that contacting Fragomen will allow us in turn to contact your employer if further information is required.

 

 
 
Well in advance of traveling internationally, you should verify that your passport and visa are valid for reentry to the United States, and you should also ascertain whether you will be required to obtain advance permission to reenter. You should check to determine whether you will need a visa or other permission to enter your country of destination or any foreign country through which you will travel to get to your final destination.  Where questions arise on these complex issues, please contact the Fragomen professional with whom you regularly work.
 
 
 
In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the United States at the end of your stay and proceed to your home country or another country. There are some exceptions to this rule, though. Under international treaties, many countries have an agreement with the United States whereby a passport is deemed valid for an additional six months past its expiration date so that the passport holder can return to his or her country of citizenship.
 
If you are a citizen of Bermuda, Canada, Mexico or the United States, you must present a passport or other acceptable passport alternative, such as an eligible trusted traveler membership card or U.S. Coast Guard Merchant Mariner Document, when entering or re-entering the United States by air, land or sea, pursuant to the Western Hemisphere Travel Initiative (WHTI). More information on WHTI-compliant travel documents is available at https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative/faqs.
 
 
 
The Visa Waiver Program (VWP) permits citizens of designated countries to apply for admission to the United States for short-term visits as nonimmigrant visitors for business or pleasure without the need to obtain a B-1 or B-2 nonimmigrant visa from a U.S. consulate.
 
The following countries are participants in the VWP: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Qatar (applications will be accepted starting December 1, 2024 at the latest), San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
 
VWP travelers are subject to strict requirements, outlined below.
 
VWP travel restrictions. The Department of Homeland Security (DHS) and the State Department began implementing additional VWP travel restrictions in January 2016. Foreign nationals in the following categories are restricted from traveling to the United States under the VWP, even if they have a valid Electronic System for Travel Authorization (ESTA) registration (with limited exceptions):
  • Nationals of Visa Waiver Program countries who, since March 1, 2011, have travelled to Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Yemen or any other country of concern designated by the Department of Homeland Security, or since January 12, 2021, have traveled to Cuba; and
  • Dual nationals of a VWP country and Cuba, Iran, Iraq, North Korea, Sudan, Syria or any other country of concern designated by the Department of Homeland Security.
 
Individuals subject to VWP travel restrictions must obtain a B-1/B-2 visa from a U.S. consulate to visit the United States for business or tourism, with very limited exceptions.

DHS is authorized to grant an exemption from the travel restrictions to those who have traveled to a country of concern in the course of diplomatic or military service on behalf of a VWP member country.  The agency is also authorized to grant waivers on a case-by-case basis to those who have traveled to a country of concern on official duty for an international or nongovernmental organization or as a journalist for reporting purposes, or who have traveled to Iran or Iraq for legitimate business purposes in limited circumstances. Foreign nationals must submit a new ESTA registration in order to be considered for a waiver or exemption from the VWP restrictions.
 
Duration of stay. Entrants under the Visa Waiver Program are admitted for up to 90 days. They cannot extend their stays beyond 90 days, except in extremely rare and limited circumstances, and they cannot change their status to another nonimmigrant category. If you overstay your VWP admission, you will no longer be able to use the program and will be required to obtain a B-1 or B-2 visa for any future business or tourism visits of any duration to the United States.
 
VWP passport requirements. To enter under the VWP, you must make sure that you comply with special passport requirements. A foreign national whose passport is not in compliance with applicable VWP passport standards must obtain a visa to enter the United States.
 
As of April 1, 2016, all VWP travelers are required to present an “e-Passport." An e-Passport is similar to a traditional passport, except that it has a small integrated computer chip embedded in the back cover. The chip stores the information displayed on the data page of the passport, a biometric identifier in the form of a digital image of the passport photograph, a unique chip identification number and a digital signature to protect the stored data from tampering.
 
These passport requirements apply only to travelers entering the United States under the Visa Waiver Program. Nonimmigrant visa holders are not subject to these requirements.
 
Advance travel authorization. All foreign nationals planning to enter the United States under the Visa Waiver Program are required to register for online travel clearance through the Electronic System for Travel Authorization (ESTA). Travelers should submit their applications well in advance of travel, and no later than 72 hours before departing for the United States. All foreign nationals seeking a new or renewal ESTA authorization must pay a fee by credit card or PayPal at the time they submit their ESTA application.
 
To register in ESTA, you must submit an online application at the official CBP ESTA website. Applicants should avoid the numerous fraudulent websites purporting to register travelers for ESTA. The CBP website is the only legitimate ESTA registration site.
 
The ESTA application asks for your biographic and passport information, as well as information about your basic eligibility to use the VWP, such as previous visa denials, prior arrests and convictions, and presence of certain diseases. The application also requests your U.S. destination, flight information and other travel details, but this information is not required.
 
Once you submit the ESTA application, it will be reviewed against appropriate national security and law enforcement databases. According to DHS, most applications are decided in a short period of time, but longer adjudication periods are possible.
 
If approved, your ESTA travel authorization will generally remain valid for up to two years, with some exceptions, or until your passport expires, whichever occurs first. DHS has shortened the ESTA travel authorization validity period for citizens or nationals of Brunei (effective July 6, 2023) and Hungary (effective August 1, 2023) to one year. The authorization generally may be used for multiple trips to the United States during the validity period, with the exception for citizens or nationals of Hungary, who are limited to a single entry if their ESTA application was received after August 1, 2023. You do not need to re-register in ESTA until your initial authorization expires or until you obtain a new passport. ESTA registration does not guarantee that you will be admitted to the United States; Visa Waiver Program travelers remain subject to inspection upon arrival and may be denied entry at the discretion of U.S. border officials.
 
If the ESTA application is denied or you do not apply for ESTA clearance, a valid B-1/B-2 visa issued by a U.S. consulate is required for short-term business or tourism visits to the United States.
 
 
 
Upon your entry to the United States, the visa stamp in your passport must reflect your current nonimmigrant visa status, the visa must be unexpired, and, if the visa has a limited number of entries, it must have a remaining valid entry available on the intended date of reentry to the United States.
 
Under certain circumstances, if you are making only a short trip of 30 days or less to Canada or Mexico and have a valid Form I-94 arrival record, your visa is deemed automatically revalidated upon reentry. However, if you have applied for a new visa while in Canada or Mexico, or are a citizen or national of Cuba, Iran, North Korea, Sudan, or Syria, you will not be accorded automatic revalidation and consequently will not be readmitted to the United States without obtaining a new visa abroad.
 
With the exception of E-1 and E-2 treaty traders and investors, Canadian citizens generally are not required to possess a valid visa to enter the United States. 
 
Visa processing in countries other than your home country – known as "third country national" or "TCN" processing – is possible, but may be subject to restrictions at some consulates. It is not possible to revalidate your visa from within the United States, unless you hold a diplomatic visa in the A, G or NATO category.
 
Overstaying the authorized period of your admission to the United States may cause you to be deemed unlawfully present or trigger laws that may result in the cancellation of your visa. Foreign nationals who overstay the period of authorized admission entered on their Form I-94 Arrival-Departure Record or CBP admission stamp may be subject to bars to admission to the United States. Overstaying for more than six months, or one year or more, may result in a bar of three or ten years, respectively. Overstays of as little as one day may trigger visa voidance provisions which would require you to return to your home country to apply for a new visa, except in very limited cases.
 
 
 
If you are an applicant for adjustment of status to permanent residence, you must in some cases obtain advance permission to travel – known as advance parole – in order to leave the U.S. while your adjustment application is pending. If you travel outside the United States without advance parole while your application for adjustment is pending, the application will be deemed abandoned, except in certain limited cases. If you already have a valid H-1B, H-4, L-1A, L-1B, or L-2 visa, you may reenter the United States on that visa, without the need for an advance parole. However, international travel can have an impact on any applicant's pending application for advance parole. Note, in addition, that the policies concerning H and L nonimmigrant family members who have been granted and have used employment authorization as applicants for adjustment of status are unresolved; until future guidance is received, individuals in these statuses who have worked in the United States pursuant to an employment authorization document issued in connection with their adjustment application should proceed cautiously, and obtain and use an advance parole for reentry to the United States.
 
 
 
Depending on where you are traveling outside the United States, you may need to apply for and obtain a foreign visa or other permission in order to enter your country of destination or any foreign country through which you will be transiting on your way to your destination. Make sure to ascertain any foreign visa requirements well in advance of departing the United States. The visa application process can be lengthy and time-consuming; advance planning will minimize the possibility of any disruption of your travel plans. Please contact your designated Fragomen professional if you will need assistance in obtaining a foreign visa.
 
 
 
The Department of Homeland Security's policies concerning changes and extensions of status are complex and subject to change; where questions arise on these sensitive issues, please contact the Fragomen professional with whom you normally work.
 
In general, traveling during the pendency of a petition or application to change status will cause the change of status request to be deemed abandoned; though an underlying petition is still approvable if travel is undertaken, the applicant will in most situations need to travel abroad, obtain a new visa outside the United States, and then reenter.
 
Travel during the pendency of an application to extend status should not cause the extension application to be deemed abandoned, provided that the applicant meets all the requirements for entry. However, USCIS has increasingly been denying Form I-539 extension of stay requests where a foreign national has departed the United States while the application is pending. Because your situation may vary, you should contact the Fragomen professional with whom you normally work to evaluate the facts and circumstances of your case.

 

 
 
If you are traveling outside the United States and will be applying for a visa at a U.S. consulate or embassy, you should be aware of State Department security procedures and should also be prepared for delays in visa issuance. Visa issuance may take as long as several weeks; most cases will be processed to completion in less time, but in some instances, security clearances may take longer than the stated period. If you plan to apply for a visa outside the United States, you should contact the relevant consulate or embassy for specific information on application procedures and processing times. The U.S. consulate may require your visa application to undergo additional security screening based on your country of nationality, whether your name is similar to an individual listed in a U.S. government security database, or whether your job or degree is in a high-technology field, among other reasons. Security checks are a regular part of the application process, but certain applicant profiles require the State Department and other agencies to implement more stringent vetting.
 
 
 
Foreign nationals who are currently applying for a visa at a U.S. consulate must submit Form DS-160, the electronic nonimmigrant visa application. Form DS-160 is completed online and is electronically transmitted to the State Department.
 
State Department guidelines require most classes of nonimmigrant visa applicants to appear at consulates for personal interviews, with the exception of certain foreign nationals applying to renew a visa that remains valid or has been expired for four years or less. Most consulates use an online appointment system for visa applicants. Be prepared for the possibility of lengthy waits of four to six weeks or longer for visa appointments. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. You may also be subject to a sometimes-lengthy security clearance, discussed further below.
 
In most cases, before approving the visa application and issuing the visa, the U.S. consulate must verify the approval of the U.S. Citizenship and Immigration Service (USCIS) petition that is the basis for the visa application. To make this verification, the consulate will consult the State Department’s Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa applicant was the beneficiary of a petition to change or extend nonimmigrant status. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval.
 
If you will be applying for a visa at a U.S. consulate, you should contact the consular post at which you will apply for a nonimmigrant visa in order to obtain the latest information on procedures, requirements and appointment wait times.
 
 
 
If you are between the ages of 14 and 79 and are applying for a visa at a U.S. consulate or embassy, you will be required to make a personal appearance at the post so that your fingerprints and photograph can be taken. Biometric information captured during the visa application process is later coordinated with fingerprints and photographs taken for Biometric Data Collection (formerly the US-VISIT) at the U.S. port of entry (discussed below).
 
 
 
When applying for a visa to the United States, you may be subject to additional security and background checks. Though the State Department has provided only limited information on the circumstances that will prompt the checks, the following may trigger additional screening:
 
Citizenship, nationality or country of birth.
Special scrutiny is imposed on male visa applicants between the ages of 16 and 45 who were born in or are nationals or citizens of countries of concern. Though the State Department has declined to release the list of countries on national security grounds, it is thought to include Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates, and Yemen. Citizens of North Korea are subject to increased scrutiny as well.
 
Background information.
The State Department requires visa applicants to provide extensive background information on the applicant’s foreign travel history, education, military service, weapons and combat training, membership in and contributions to charitable organizations and other details. This information may trigger more intensive security clearances.
 
Involvement in high-technology fields.
If you work in high technology, engineering, or the sciences, you should be prepared to be questioned closely about the details of your job. This is also true if you work with products or services that have both commercial and military applications (known as "dual use" technologies). Visa delays may result as consular officers seek security advisory opinions from federal agencies on your work background. If an export control license is required for a position, you must ensure that your job activities are within the terms of the license and that your employer can document your compliance with the license.
 
Home country references for students and exchange visitors.
All applicants for foreign student visas in the F and M categories and exchange visitor visas in the J category must provide information on their family members and work history, and provide the names, addresses and telephone numbers of at least two persons in the country of residence who can verify information about the applicant. Consular officers may elect to verify an applicant’s background information with family members, current and former employers and other references.
 
Appearance in national security and law enforcement databases.
Consular officers are required to screen visa applicants through the State Department’s security databases and lookout lists, which contain the names of individuals identified as security risks. A positive “hit” on one of these lists will trigger additional security clearances and may cause the consular officer to seek guidance from State Department headquarters on the further handling of the case; as a result, visas may be delayed or refused. If you believe that your name may appear or is similar to a name that appears in one of these databases, please contact the Fragomen professional with whom you normally work.
Carrying Documentation of Your Immigration Status
 
U.S. immigration laws and regulations require every foreign national age 18 or older to carry documentation of their lawful registration as a foreign national while in the United States. Documents acceptable for this purpose include:
 
  • A valid, unexpired Form I-94 admission record;
  • A U.S. Customs and Border Protection passport admission stamp;
  • A Form I-551 Permanent Resident Card ("green card");
  • A Form I-766 Employment Authorization Document (EAD); and
  • A Form I-185 or I-186 Border Crossing Card for citizens of Canada and Mexico.
 
Failure to carry a required document is a misdemeanor; for each offense, you may be fined up to $100, jailed up to 30 days, or both. While convictions for this offense are not common, in the current climate of heightened national security concern and more stringent immigration enforcement, you are advised to carry the relevant documents with you or keep them close by at all times.

 

 
 
All foreign nationals entering the U.S. are subject to thorough screenings and inspection at U.S. borders.  You may also be subject to intensive questioning about your immigration status, travel history, the purpose of your visit, background, employment and other issues. This could include a search of your electronic devices. Before you travel, check your employer's procedures for dealing with searches of company-owned phones, laptops and other devices. Upon clearance, you will be issued an admission stamp that is annotated with date and class of admission and admitted-until date. You will also have an arrival record in Customs and Border Protection’s online system.
 
 
 
Most foreign nationals are required to comply with entry and exit requirements of the Biometric Data Collection system. The Biometric Data Collection system collects biographic information and biographic identifiers from foreign nationals entering the United States, to determine whether an individual is eligible to enter the U.S. or should be prohibited from entering because of security risks such as past visa or criminal violations or terrorist connections. The system is in operation at most U.S. air, sea and land ports, and at selected pre-flight inspection stations abroad.
 
 
Currently, Biometric Data Collection is applicable to most foreign nationals between the ages of 14 and 79 who are traveling to or from the United States through a port at which Biometric Data Collection is in operation, including U.S. lawful permanent residents and most Canadian citizens. Failure to comply where required may result in a foreign national being deemed inadmissible to the United States, in violation of the terms of his or her status, or ineligible for future immigration benefits.
 
Several groups of travelers are exempt from the system. These include (1) U.S. citizens; (2) travelers who are under the age of 14 or over the age of 79; (3) certain individuals who hold visas in categories for foreign diplomats, employees of international organizations, travelers in immediate transit through the United States, or NATO representatives and employees; and (4) individuals or classes of foreign nationals who have been exempted by the Department of Homeland Security, the Department of State or the Central Intelligence Agency. Canadian citizens entering the United States for short business or tourism visits or in transit to another country are exempt from Biometric Data Collection, unless they have previously been deemed inadmissible to the United States and need a waiver of inadmissibility to enter. In addition, Mexican citizens entering the United States using a Border Crossing Card are exempt when their stay is within 25 miles from the border (or 75 miles in the case of entry at an Arizona port) and the stay extends for no more than 30 days. Also exempt are certain Taiwanese diplomats and officials.
 
 
On entry, foreign nationals subject to Biometric Data Collection have their fingerprints captured with an inkless scanner and a digital photograph taken. The fingerprint and photographic data, along with information in travel documents, are used to verify the traveler’s identity and will be scanned against law enforcement and national security lookout lists. Based on the verification results, the traveler will be admitted to the United States or asked to undergo further verification. If data in the verification process indicate possible national security or law enforcement concerns, the foreign national will be referred for additional screening.
 
There are currently no required Biometric Data Collection exit procedures at most ports, but such procedures are expected in the future.
 
 
Upon entering the United States, all foreign nationals are questioned by the U.S. Customs and Border Protection (CBP) regarding their reason for coming to the United States, and most are issued an admission stamp that is annotated with date and class of admission and admitted-until date. In addition, an I-94 arrival record is created in CBP’s online system.
 
If you enter the United States through an air or sea port of entry, it is critical that you visit www.cbp.gov/I94 in order to print a paper version of the I-94 record. To access your I-94, enter your name and other requested information as it appears on your passport and, if you received one, on your CBP-issued admission stamp. The website will generate an I-94 that contains your admission information and a unique admission number. Ensure that the dates on the electronic version are correct. If there are any inaccuracies, please contact your designated Fragomen professional as soon as possible. You may need to visit a CBP deferred inspection station or port of entry to have inaccuracies resolved.
 
It is imperative that you send copies of your I-94 printout, passport biographic page, visa stamp, and any admission stamp, including those of dependent family members to your Fragomen representative.
 
 
Between 2002 and early 2011, the U.S. government registered certain foreign nationals in the National Security Entry-Exit registration System (NSEERS, or "special registration"), so that these individuals could be tracked and monitored throughout their stays in the United States. NSEERS required special registrants to comply with enhanced screening, reporting and departure requirements. On April 28, 2011, the Department of Homeland Security announced that it would no longer register foreign nationals in NSEERS and that foreign nationals would no longer be subject to compliance with the system’s reporting and departure requirements. On December 23, 2016, the Department of Homeland Security rescinded regulatory authority for NSEERS. Though the NSEERS program is not in operation, questions about past compliance with NSEERS could still arise. Foreign nationals who were specially registered in the past and are seeking immigration benefits – particularly adjustment of status to permanent residence and naturalization – may be asked to demonstrate that they complied with program requirements during the time that NSEERS was in effect.

 

 
 
If you are a foreign student in the F or M nonimmigrant visa category or an exchange visitor in the J visa category and you will apply for a visa outside the United States, you must ensure that you have the required documentation, that your enrollment or program participation has been entered into the appropriate government databases, and that you have paid the student and exchange visitor fee, if required.
 
All schools and exchange programs are required to enter data on foreign students and exchange visitors in the Student and Exchange Visitor Information System (SEVIS). SEVIS is a tracking and database system used to monitor and collect data on foreign students and exchange visitors, to ensure their entry to and exit from the United States and their proper participation in educational or exchange programs. Schools must also use the system to generate Form I-20 Certificates of Eligibility for Nonimmigrant Student Status and Form DS-2019 Certificates of Eligibility for Exchange Visitor Status.
 
 
 
If you are seeking classification as an F or M foreign student or a J exchange visitor, you may be required to pay a fee for registration in SEVIS. 
 
Applicable fees. Foreign nationals seeking status in the F-1, F-3, M-1 or M-3 student categories are assessed a $350 fee, as of June 24, 2019. Most J-1 exchange visitors are similarly subject to a $200 fee. Individuals in certain federally sponsored exchange programs are exempt from the fee, as are spouses and dependents in the F-2, J-2 and M-2 categories. F, J, and M nonimmigrants applying for a visa to return to the United States as a continuing student or exchange visitor are also fee-exempt. 
 
Fee payment. The SEVIS fee must be paid either electronically or by mail, using DHS Form I-901 so that it arrives at the Department of Homeland Security at least three business days before your scheduled visa interview or, if you are visa-exempt, before an application for admission at a U.S. port of entry, in order for the consular or border officer to verify that payment has been made. You may pay the fee on your own behalf, but the Department of Homeland Security also accepts fees paid for you by your school, exchange program, a relative, friend or other interested party.
 
If Form I-901 is submitted by mail, the fee must be paid by check or money order drawn on a U.S. bank and payable in U.S. currency. Note that many foreign banks are able to issue checks or money orders drawn on U.S. banks. In the alternative, the fee may be paid electronically by credit card, by submitting an electronic version of Form I-901 through the SEVIS fee payment website.
 
Your fee receipt. Once the SEVIS fee is paid, you will receive a receipt from the Department of Homeland Security. If you submit the SEVIS fee electronically, you will receive two receipts: an automatically-generated online receipt that can be printed out from the SEVIS fee website.
 
You must retain the receipt, which you must bring with you to your visa interview or, if you are visa-exempt, present to the immigration officer at the border. Though in most cases, the consular or immigration officer will electronically verify that you have paid the fee, DHS has acknowledged that some consulates may not have immediately have access to electronic fee verification. Where electronic verification is not available, the receipt printout will be the primary means of fee verification. If you are applying for a change of status to F, M or J, you are not required to submit the confirmation with your application, since the adjudicating officer will verify your payment electronically through SEVIS. You should retain the confirmation, however; if the officer cannot electronically verify payment, he or she will require you to submit proof of payment.
 
 
 
You must ensure that you have the proper documentation of your student or exchange visitor status before applying for a visa at a U.S. consulate or embassy. As noted above, you must possess an I-20 or DS-2019 certificate of eligibility for student or exchange visitor status that has been generated through the SEVIS system. In addition, some J-1 trainees and interns require additional documentation relating to the training or internship program in which they will participate, on Form DS-7002.
 
The SEVIS version of Form I-20 and the DS-2019, each bear a bar code. F-1 students receive Form I-20-B/Form I-20ID. Form I-20 must be endorsed by the school’s Designated School Official (DSO) to demonstrate that the student is in good standing and is approved for travel. J-1 visitors receive Form DS-2019, which must be endorsed by the exchange program’s Responsible Officer (RO) or Alternate Responsible Officer (ARO) to demonstrate that the exchange visitor is in good standing and is valid for travel. Dependents will receive their own copies of Form I-20 or DS-2019.
 
If you will be participating in a J-1 internship or training program, you must also obtain a completed Form DS-7002, a training/internship placement plan, from your program sponsor. Form DS-7002 describes the training program or internship in detail and is signed by you, by the organization that will be hosting you as a trainee or intern, and the organization that is sponsoring the training program or internship. It is completed before your DS-2019 certificate of eligibility is issued. You must present a completed and signed copy of Form DS-2007 with your visa application or, if you are visa-exempt, to an immigration officer at the border.
 
 
 
During adjudication of your visa application, the consular officer will consult the SEVIS database to verify your status as an exchange visitor or student. Your school or exchange program sponsor must enter your database record into SEVIS in order for verification to take place.
 
There may be a delay between the time that your school or exchange program sponsor enters your information into SEVIS and the time the information becomes available for viewing by the consular officer, with the result that the officer may not be able to immediately issue the F, M or J visa. In order to alleviate visa issuance problems resulting from the time lag, the Department of Homeland Security has established a correction mechanism for situations in which a SEVIS record does not appear at a consular post until after the prospective student or exchange visitor has applied for a visa. Your sponsoring institution is instructed to send an e-mail to the government's SEVIS help desk. The email must contain the subject line: "SEVIS Record Not Found in Consular System." The body of the message should contain only the following: (1) your last name and first name; (2) your SEVIS record number (N#); (3) your visa category; (4) the date that your record was entered into SEVIS; and (5) the date of your visa application. The SEVIS Help Desk should communicate with the consular post regarding fixing the error within two days.
 
 
 
Like other applicants for nonimmigrant visas, students and exchange visitors should be aware that visa processing may be delayed for security clearances and personal interviews. F, J and M visa applicants are subject to heightened investigations and background checks, and are also required to provide extensive work history and contact information to the State Department on Form DS-160, discussed above.​

 

 
 
If you are a lawful permanent resident of the United States, your green card is evidence of your status, but more may be needed to maintain your status, travel outside the United States without inconvenience, or become a naturalized U.S. citizen in the future. If you leave the United States for a prolonged period of time, you may jeopardize your permanent resident status and your future ability to naturalize.
 
It is important to note that maintaining permanent residence status is different from maintaining U.S. residence for naturalization purposes; some requirements overlap, but there are important differences that must be considered carefully.
 
 
 
If you plan to be outside the United States for one continuous year or more – for instance, if you are assigned to a new position that is located abroad and will not be traveling back to the United States during the foreign assignment – maintaining status is important so that you may continue to enter the United States as a resident. Permanent resident status is not always automatically lost by a lengthy absence abroad, but such an absence will be taken into account by USCIS in determining whether you intend to maintain or abandon your status. In order to maintain status for this purpose, you must preserve sufficient ties to the United States to indicate that you consider the U.S. to be your permanent home. To determine your intentions, the USCIS will look at several factors, including:
 
  • The length of your absence;
  • The reason you are traveling;
  • Whether you have a fixed date to return to the United States;
  • Whether you have continued to file tax returns as a resident alien;
  • Whether you have maintained bank accounts, property and a driver’s license;
  • The location of your family; and
  • The location of your employment.
 
Trips outside the United States for less than six months do not usually pose a problem; if you stay outside the United States for less than six continuous months, you should not ordinarily have any difficulty re-entering. Trips outside the United States of between six continuous months and one continuous year in duration may raise a red flag with an immigration officer upon your return. You may need to explain your absence, but you should be readmitted to the U.S. based upon your green card, without further documentation.
 
Reentry permits. If you travel abroad for a continuous year or more, you will be required to obtain a reentry permit in order to be readmitted to the United States. You must apply for the permit in the United States and attend a biometrics appointment so that your fingerprints and photographs can be collected before your departure. You may depart the United States once your application is filed, but must return for your biometrics appointment. Failure to appear for a biometrics appointment may cause your application to be deemed abandoned. If you have urgent travel plans, it may be possible to request expedited processing of the reentry permit application. Please contact your designated Fragomen professional in such cases.
 
Once your permit is granted, you may collect it at a U.S. consular post or overseas U.S. immigration office, or you may have it mailed to a U.S. address. The permit is typically valid for two years and is not extendable, though you may apply for a new one. When you return to the United States, the Customs and Border Protection (CBP) may still investigate whether you have abandoned your permanent residency and may ask about the factors listed above; the permit simply prevents the CBP from relying solely on your absence as a basis for determining whether you have abandoned your permanent resident status. Note that trips outside of the United States for one continuous year or more may raise issues in connection with any future application for naturalization to U.S. citizenship. This issue is discussed below.
 
 
 
In order to become a naturalized citizen of the United States, you must fulfill several criteria, including requirements concerning your residence and physical presence in the United States. To qualify, you must continuously reside in the United States for five years after attaining lawful permanent residence (or three years if you are the spouse of a U.S. citizen); you must also be physically present in the United States for at least half of that period (two and one-half years for most aliens, one and one-half years for spouses of U.S. citizens). For naturalization purposes, lengthy trips outside the U.S. may serve to "break" the continuity of your residence period. These breaks have serious consequences and may stop the naturalization clock, requiring you to start at the beginning to re-accumulate the necessary years of residence.
 
In general, an absence of less than six months will not interrupt your continuous residence. An absence of six months to one year will break continuous residence unless you can give a reasonable explanation for the absence, such as an overseas assignment with your U.S. employer or a lengthy trip to care for an ailing relative. If you are absent from the U.S. for one year or more, your continuity of residence will be automatically broken for naturalization purposes unless you take specific steps to preserve continuity.
 
If you plan to remain outside of the United States for a year or more, you may apply to the USCIS for special benefits that will preserve the continuity of your residence during the extended absence. To qualify for extended absence benefits, you must have been physically present and residing in the U.S. as a permanent resident for one year – with no absence from the U.S. whatsoever – prior to the absence. During the absence, you must be employed abroad by the U.S. government, a U.S. research institute, a U.S. corporation or subsidiary that is engaged in the development of foreign trade or commerce, or an international organization of which the U.S. is a member (provided that you were not employed by the international organization before becoming a permanent resident). You must request the extended benefits before you have been absent for one year, and you must also show that your absence is in furtherance of your overseas employment.
 
Physical presence in the United States is calculated differently from residence for purposes of naturalization. As noted above, you must be physically present in the U.S. for at least two and one-half years (one and one-half years if you are the spouse of a U.S. citizen). However, unlike your residency period, your period of physical presence need not be continuous as long as you meet or exceed the minimum time requirement. The following example demonstrates how both continuous residence and physical presence are counted: You live in the United States for one year after becoming a permanent resident; you are then assigned abroad for two years, having obtained the necessary extended absence benefits. After the assignment is completed, you return to the United States and remain there for two years. In this case, you have met the requirement of five years of continuous residence. You have also met the requirement of two and one-half years of physical presence, since you were physically present for a total of three years, six months longer than necessary.
 
 
 
Form I-551 Permanent Residence Cards are typically valid for ten years. Only the card expires in ten years, not your permanent resident status. You must apply for a new card before your current card expires. To do so, you must file a Form I-90 application with U.S. Citizenship and Immigration Services. If you lose your green card, you may apply to replace it by submitting an I-90 application to U.S. Citizenship and Immigration Services.
Address Change Notification Requirement for all Foreign Nationals
 
All foreign nationals should be aware of the Department of Homeland Security’s regulations on address change notification. All non-U.S. citizens, including lawful permanent residents, are required to notify DHS of changes of address within 10 days of such change. The only foreign nationals exempt from this requirement are nonimmigrants in the A (foreign diplomats) and G (representatives of international organizations) visa categories, and nonimmigrants who are not required to possess a visa and are in the United States for fewer than 30 days.
 
You may notify USCIS of a change of address in one of two ways. You may file a change of address request online through a USCIS online account, or you may file Form AR-11 by mail. USCIS encourages requestors to use the USCIS online account, however.
 
Failure to comply with the address change notification requirements may affect your ability to remain in the United States and your ability to reenter the United States after travel abroad; noncompliance may also be criminally punishable as a misdemeanor, with a fine not to exceed $200 and/or imprisonment of not more than thirty days. Therefore, it is imperative that you comply with the address change notification requirements, and we recommend that you retain a record of your address change request and other pertinent documents in the event that the Government alleges that you failed to comply.
 
If you are an applicant for an immigration benefit, you must enter the receipt number for each pending benefit request in the USCIS online address change form in order to apply the address change to each of your pending applications.

 

 
 
Unfortunately, immigration-related fraud is a common occurrence. Unscrupulous individuals often target foreign nationals in attempts to obtain money or personal information. Foreign nationals are advised to take precautions to avoid becoming victims of immigration fraud.  In general, beware of any communication that claims to be from USCIS, DHS, or another immigration agency and that requests money or personal information to obtain a benefit or cure a purported violation in status. If you receive a communication that you believe is suspect, please contact your designated Fragomen professional.
 
 
 
The Diversity Visa (DV) Lottery is an annual State Department program that makes up to 55,000 immigrant visas available to foreign nationals seeking U.S. permanent residence. Each year, during an official registration period, millions of applicants submit online lottery registrations in hopes of being selected. Unfortunately, DV lottery fraud is very common. However, foreign nationals can and should take a few precautions to protect themselves.
 
  • Watch out for deceptive lottery websites. Foreign nationals planning to enter the DV lottery should be aware that the only authorized DV lottery website is located on the State Department website. The State Department does not use or authorize any outside individual or company to accept lottery applications or operate the lottery. But websites posing as official government sites or claiming to have State Department authorization abound. They should be avoided.
  • The State Department does not charge a fee for lottery registrations. A website, individual or company claiming there is a government fee to enter the lottery is fraudulent.
  • If lottery assistance is needed, seek competent advice. Though applicants may use a lawyer or other representative to prepare a lottery registration, they should be wary of commercial websites that claim to register applicants outside of the registration period or purport to be authorized by the State Department to accept registrations for a fee.
  • Beware of lottery e-mails, letters or faxes that claim to be from the State Department. The State Department does not send e-mails, letters or faxes about the DV lottery. The official website is the only legitimate source of information about lottery results and the only place to submit a lottery registration.
  • Be skeptical of any communication claiming a foreign national has won the DV lottery when he or she did not register, or registered in a previous year.
  • Avoid sending money or personal information to questionable individuals or companies.
  • Learn more about DV lottery fraud by visiting the websites of the State Department and the Federal Trade Commission.
 
If you have any questions about the DV lottery, please contact your designated Fragomen professional.
 
 
Fraudulent ESTA Websites
 
As discussed above, foreign nationals planning to travel to the United States under the Visa Waiver Program (VWP) must register in the ESTA system in advance of travel.  Prospective VWP travelers must be aware that the official U.S. Customs and Border Protection (CBP) registration site is the only authorized ESTA registration site.  CBP does not use or authorize any outside individual or company to accept ESTA registrations. Nevertheless, websites posing as official government sites or claiming to have CBP authorization abound. These should be avoided.
 
 
 
In a common immigration-fraud scheme, you may receive a phone call or email from someone who purports to be an official of U.S. Citizenship and Immigration Services or the Internal Revenue Service. The individual may claim that there is a problem with your immigration or tax records and demand money or information. These calls are typically fraudulent.
 
If you receive a call claiming to be from a U.S. government official, protect yourself as follows:
 
  • Do not forward funds. The IRS and USCIS never solicit payment via telephone or email. Be especially suspicious of a caller who demands unconventional payment methods such as store gift cards.
  • Do not provide sensitive personal information over the phone unless you are sure the call is legitimate. Do not provide or confirm personal information, such as a Social Security Number, I-94 number, birth date, or passport number, unless you are sure you are speaking with a government official (see below). If you are doubtful, ask for the caller’s name and call-back number; a perpetrator will typically hang up.
  • Do not be fooled by misleading caller ID information. A common scheme involves displaying the caller ID as “U.S. Immigration,” “911,” “USCIS,” or the IRS. Do not rely on a caller ID to verify a caller’s identity.
  • Do not succumb to threats. Scammers may grow increasingly hostile when you do not cooperate, threatening to arrest or deport you, or suspend your business or driver’s license. They may even send follow-up emails or calls from accomplices claiming to be from the local police or the Department of Motor Vehicles. These threats are illegitimate.
  • Learn how to recognize a legitimate government communication. There are circumstances when a U.S. government official may legitimately contact you. If you called USCIS’s National Customer Service Center or contacted IRS customer service, an officer may return your call. You or your employer may receive a phone call, email or in-person visit from an officer of the USCIS Fraud Detection and National Security (FDNS) unit, which routinely investigates employment-based immigration petitions. If you are uncertain about the legitimacy of a call, email or visit, ask for verification. A legitimate government official will always be able to provide you with a name, official identification and a functioning phone number.

 

WHAT TO DO IF YOU SUSPECT FRAUD HAS OCCURRED

 

  • If you have already transferred funds or provided personal information, monitor your credit report and credit card accounts after filing a complaint with local law enforcement and other appropriate authorities.
  • Inform your employer’s human resources or immigration representative, or your Fragomen professional.
  • Contact the appropriate government agency to make a report; see below for contact details.

 

ADDITIONAL RESOURCES FOR VICTIMS

 

Various government agencies offer guidance on how to protect yourself from common immigration-fraud schemes and how to report fraud.

 

  • USCIS offers detailed information on common immigration scams and how to report them.
  • The IRS provides guidance on recognizing common tax scams and fake IRS communications.
  • The U.S. Federal Trade Commission provides consumer protection information for victims of immigration fraud.
  • The Department of State advises on common Diversity Visa lottery scams.

 

If you have any questions, please contact the immigration professional with whom you work at Fragomen.