USCIS Is Improperly Denying Visa Change Applications

By Rabindra Singh (February 16, 2021, 6:27 PM EST) -- Through implementation of a notice in April 2017, called "Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School," U.S. Citizenship and Immigration Services has been requiring B-1/B-2 to F-1 change-of-status applicants to file applications to extend their B-1/B-2 nonimmigrant status, to bridge the gap between the time their B1/B2 status expires and USCIS' final decision on their pending change-of-status applications.[1]

For years, USCIS has denied similar change-of-status applications solely on the ground that the applicant failed to file a B-1/B-2 extension application after timely filing an application to change to F-1 student status.

One such denial was challenged in Jaradat v. Mcaleenan,...

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