My H1B extension was approved recently, and I now am going to apply for a new visa stamp in Canada. If the visa is denied, can I return to the U.S. using automatic visa revalidation?
Automatic visa revalidation (AVR), otherwise known as the contiguous territory rule, allows a foreign national who has made a brief trip to Canada or Mexico to request readmission to the U.S. based on the existing I-94, without the need for a valid visa “stamp.” To qualify for this benefit, however, one of the requirements is that the person has not applied for new visas at one of the U.S. consular posts during the visit to Canada or Mexico.
A more detailed overview of the AVR process and the requirements is available in the 13.Dec.2021 MurthyDotCom InfoArticle, Contiguous Territory Rule Permits Reentry from Canada or Mexico. (25.Jun.2025)
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Consular Posts to Resume F, J, and M Visa Appointments with Expanded Screening
The U.S. Department of State (DOS) recently announced that U.S. consular posts soon will resume scheduling visa appointments for F, M, and J nonimmigrant visa applicants. The resumption comes alongside the implementation of expanded screening and vetting procedures that will include comprehensive review of applicants’ online presence and require all social media profiles to be set to “public” status.
Social Media Review RequirementUnder the new guidance, the DOS will conduct additional vetting of all F, M, and J visa applicants, including review of their online presence. To facilitate this expanded screening process, all applicants for student and exchange visitor visas will be required to adjust the privacy settings on all of their social media profiles to public status.
Visa Appointment Scheduling to ResumeThe State Department confirmed that overseas posts will resume scheduling F, M, and J nonimmigrant visa appointments “soon.” Applicants are advised to check their relevant embassy or consulate website for appointment availability as scheduling resumes. This resumption of appointment scheduling is expected to provide relief to thousands of prospective students and exchange visitors who have been waiting to schedule their visa interviews.
ConclusionWhile the expanded screening requirements may cause privacy concerns for applicants, the resumption of visa appointment scheduling offers hope for those who have been waiting to begin or continue the visa application process. Prospective applicants should prepare to comply with the social media disclosure requirements and monitor their local embassy or consulate for appointment availability updates.
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USCIS Updates Policy on Disclosure of Derogatory Information
The U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual regarding how and when the agency may disclose derogatory information to benefit requestors before making adverse decisions. The new guidance does not represent a significant shift in policy. Rather, it mainly serves to codify a decision issued by the Ninth Circuit Court of Appeals in 2020 and provides USCIS officers with clearer and more detailed procedures for disclosure of information that may be used against applicants.
Updated Disclosure FrameworkAs explained in the updated policy, if the USCIS intends to make an adverse decision based on derogatory information that a benefit requestor appears to be unaware of, the agency generally will disclose the information through a detailed description, if permissible.
There are situations, however, where the USCIS cannot release some or all of the derogatory information. The USCIS notes that the agency collects information from many different sources, and the USCIS Policy Manual includes a list of documents and information that it is not permitted to disclose. For instance, the USCIS may not be permitted to disclose information provided by a different government agency or by a third party.
In cases where direct disclosure is not possible, the USCIS may use alternative methods such as requesting the same or substantially similar information from the benefit requestor through a request for evidence (RFE) or during an interview.
ConclusionAs previously noted, this policy update does not make a significant change in policy. Rather, this primarily serves to better detail for USCIS officers how derogatory information must be handled, depending on the nature of the information and its source.
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U.S. Resumes Student Visa Processing for F, M, & J Applicants
Starting 18.Jun.2025, the U.S. Department of State will resume processing student visas but now requires applicants to set their social media accounts to public for enhanced vetting. [More on Politico.]
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I have an upcoming interview for my marriage-based green card application. Will I be interviewed together with my U.S. citizen spouse or separately?
In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025)
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If I port my priority date from the I-140 filed by Company A to the one filed by Company B, does A’s I-140 become void?
Requesting retention of a priority date does not void or otherwise invalidate the original I-140 application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that priority date is retained and applied to another case. (17.Jun.2025)
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My school operates on a quarter-based schedule with summer, fall, winter, and spring academic quarters. Instead of taking courses this coming winter, am I permitted to take a vacation?
If a student attends a school on a quarter or trimester calendar, they may take one vacation per year during any one of the quarters or trimesters, as long as they have completed the equivalent of an academic year prior to taking the vacation. (17.Jun.2025)
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Additional 36 Countries Reportedly Considered for Travel Ban
A U.S. State Department memo reportedly states that an additional 36 countries may face full or partial suspension of entry if they do not meet established benchmarks and requirements within 60 days.
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