Complete Guide to Form I-131F

Asım Kılınç, Immigration Lawyer, CK Law Firm | Content Editor Abdullah Çelik

When you read this article, you will be able to find answers to the following questions about Form I-131F:

What is Form I-131F?
Who Can File Form I-131F?
Which Documents Must be Filed with Form I-131F?
What Is the Filing Fee for Form I-131F?
Can I File Form I-131F with Another Form?
What Should I Expect After I Submit Form I-131F?
What Happens If My Application Is Denied?
I Know I Need Legal Help, What Should I Do?
Can I Travel Outside the U.S. While My Application is Pending or After Approval?
Can I Work in the U.S. Under Parole in Place?
What is the Relationship between Form I-131F and Form I-130, Petition for Alien Relative?
What are the Effects of Form I-131F Approval on Adjustment of Status?

If you have any other questions about Form I-131F, please feel free to contact us via the comments section at the bottom of this article or on the CK Law Firm Immigration Lawyer Webpage.

What is Form I-131F?

Officially known as the “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens,” Form I-131F is a significant part of immigration to the United States. Under the Citizenship and Immigration Services (USCIS) “Keeping Families Together” program, some noncitizen spouses and stepchildren of U.S. citizens may apply for parole in place (PIP), allowing them to remain in the United States while they pursue lawful permanent resident status. For those who are in the United States without lawful admission or parole, this form is especially crucial since it offers a path to regularizing their status without having to leave the country, which can often be a difficult and complicated process.

Parole in place (PIP) is a discretionary action by the Department of Homeland Security (DHS) that allows noncitizens who are in the U.S. illegally to temporarily stay in the country. Given they satisfy all other eligibility criteria, this status helps them avoid deportation and provides a legal basis for them to apply for a green card through adjustment of status.

Who is Eligible to File Form I-131F?

Eligibility to file Form I-131F is especially restricted to certain groups of noncitizens with close ties to U.S. citizens. Here is a comprehensive list of those who might qualify:

Noncitizen Spouse of a U.S. Citizen

Here, you can find information about fulfilling the requirements as a noncitizen spouse of a U.S. citizen.
Physical and Continuous Presence: You must be physically present in the U.S. without having been paroled or lawfully admitted. You either overstayed your visa or entered the country without undergoing official immigration processing. From at least June 17, 2014, through the date you submit your application, you must have been continuously physically present in the United States. Being continuously present shows your long-term ties to the United States.
Marriage: Your marriage must take place on or before June 17, 2024, and you have to be legally married to a U.S. citizen. The marriage needs to be legitimate and not motivated solely by immigration.
Criminal History: You should not be seen as a threat to public safety, border security, or national security, nor have a notable criminal past. Disqualifying offenses include most drug offenses, sexual assault, domestic violence, and murder.

Noncitizen Stepchild of a U.S. Citizen

To be eligible to file Form I-131F as a noncitizen stepchild of a U.S. citizen, you need to prove:
Physical and Continuous Presence: Like the spouse requirements, you must be physically present in the United States without lawful admission or parole. From at least June 17, 2024, through the date of your application, you must have been continuously physically present in the United States.
Parental Marriage: Before your 18th birthday and on or before June 17, 2024, your noncitizen parent must have been legally married to a U.S. citizen. This clarifies the stepchild relationship.
Marital Status: To fit under this category, you must have been unmarried as of June 17, 2024, and under the age of twenty-one.
Criminal History: Any notable criminal history could prevent you from being granted parole in place, similar to the category for spouses.

Which Documents Need to Be Filed with Form I-131F?

Gathering and submitting the right supporting documentation is crucial when preparing to submit Form I-131F. These records help to prove your eligibility for parole in place. Here is a comprehensive list of the records you will need:

Proof of Identity

Remind you that expired documents can be filed alongside other supporting documentation and that if any of your papers are not in English, you must include a certified translation of the entire document into English before outlining how you prove your identity.
Valid Government-Issued Driver’s License or ID: This should be a formal government document, such as a state ID card or driver’s license. It must clearly display your name, picture, and birthdate.
Your Passport’s Identity Page: This page, which comprises your name, picture, passport number, and other personal information, serves as the main source of identity confirmation.
National ID Card from Your Home Country: If you have a national ID card from your country of birth, you should send a copy. This sheet should have your picture and personal information.
School ID Card with Photo: For candidates still in school, a school ID card with your photo can be submitted as additional proof of identity.

Proof of Either Spouse’s or Stepparent’s U.S. Citizenship

U.S. Birth Certificate: If your stepparent or spouse was born in the United States, a copy of their birth certificate will prove citizenship.
Naturalization Certificate: If your spouse or stepparent naturalized as a U.S. citizen, you should present a copy of their naturalization certificate.
Certificate of Citizenship: Those who obtained or derived citizenship from their parents are issued this certificate. One copy will be sufficient evidence of citizenship.
U.S. Passport: A current or expired U.S. passport is also acceptable evidence of citizenship.

Proof of Relationship

Marriage Certificate: You have to hand in a certified copy of your marriage certificate, which attests to the legal recognition of your marriage.
Documentation of Termination of Previous Marriages: If either partner had a previous marriage, you have to present death certificates, divorce decrees, or annulment orders proving that all previous marriages were legally ended.
Birth Certificate: To prove the parental relationship for stepchildren, a birth certificate that includes the name of the noncitizen parent is required.
U.S. Death Certificate: If your U.S. citizen spouse or stepparent died, you must provide a death certificate as evidence.

Evidence of Ongoing Physical Presence

You should provide a combination of the following records to show your ongoing physical presence in the United States:
Utility Bills or Rent Receipts: These can prove that you have lived at a given U.S. address consistently.
IRS Tax Transcripts or Copies of Recently Filed Tax Returns: These provide proof of your ongoing presence.
School Records: If you have children enrolled in school, their records will show your presence in the U.S. over time.
Medical Records: Including doctor’s visits and vaccination records, these allow one to show ongoing presence.
Participation in Religious Events or Consistent Attendance at a Place of Worship: These will help to prove your ongoing presence in the United States.

Evidence of Criminal History, if relevant

If you have a criminal record, you must provide:
Court-Certified Copies of Criminal Records: These include arrest records, charging documents, and final court rulings.
Official Statement from Arresting Agency: If you were arrested but not charged, you should get a statement from the arresting agency attesting that no charges were filed.
Documentation of Vacated or Expunged Convictions: If you had a conviction revoked, expunged, or sealed, you should provide pertinent court orders or statements verifying this.

More Evidence (if relevant)

Documentation Supporting Urgent Humanitarian Reasons or Significant Public Benefit: This could include proof of community ties, vulnerability resulting from age or illness, or the effects of your deportation on U.S. citizen family members.
Personal Statement: A 750 to 2000-word personal statement outlining your circumstances and the reason you are seeking parole in place. This is your chance to provide any unusual situation or difficulty USCIS should take into account while reviewing your application.

How Much Does Filing Form I-131F Cost?

Form I-131F carries a $580 filing fee. This form does not offer a fee waiver, so you should be prepared to pay this amount when you apply. The form can only be submitted online via the USCIS website. Any attempt at a paper application will be denied, and you will lose the filing fee.

Can I File Form I-131F Alongside Another Form?

No, Form I-131F cannot be filed concurrently with Form I-765, Application for Employment Authorization. USCIS mandates waiting for the approval of your Form I-131F before requesting work authorization. This means that even if you qualify for an Employment Authorization Document (EAD), you have to follow the parole in place procedure first and get a positive outcome before filing Form I-765.

After Submitting Form I-131F, What Should I Expect?

Several steps follow in the application process once you submit Form I-131F. You should expect:

Receipt Notice: Your USCIS online account will show a receipt notice immediately upon submission of your form. This notice certifies that your application is under processing and has been received.
Biometrics Appointment: Most applications will require attendance at a biometrics appointment. Your fingerprints, picture, and signature will be taken for background checks during this visit. You will be notified of your appointment along with the date, time, and location.
Request for Evidence (RFE): If USCIS finds that further information or documentation is required to decide your case, they will send a Request for Evidence (RFE). Responding to an RFE quickly and completely is essential since neglecting to do so could cause your application to be denied.
Interview: As part of the application process, USCIS could ask you to attend an interview. During the interview, a USCIS officer will probe your application, background, and motivations for seeking parole in place. Be ready to go into detail about every element of your case.
Decision: Once USCIS has examined all required records and documentation, they will make a decision. Your USCIS online account will notify you of the ruling. If approval is granted, you will receive a Form I-797, Approval Notice, along with a copy of your Form I-94, Arrival/Departure Record, indicating the validity period of your parole in place.

What Happens If My Application Is Denied?

If your application for parole in place is denied, USCIS typically will not initiate removal actions based solely on the denial. However, if you are deemed a priority under current policies, DHS retains discretion to start immigration enforcement activities if you are considered a threat to national security, public safety, or border security.

Although you cannot appeal the denial of your Form I-131F, you could submit a fresh request including new or additional evidence along with the necessary filing fee. Review the reasons behind your denial carefully and address them in your next application to raise your chances of approval.

Knowing I Need Legal Help, What Should I Do?

The process of applying for parole in place can be complicated and difficult, particularly when considering issues like continuous physical presence, criminal history, and eligibility for adjustment of status. Consult an experienced immigration attorney whether you are considering submitting Form I-131F or have already filed and encountered problems.

An attorney can help you draft your application, ensure all required records are included, and represent you in any contacts with USCIS. Given the high stakes in immigration matters, professional legal advice can significantly affect the outcome of your case.

Can I Travel Outside of the United States? Either While My Application Is Pending or Following Approval?

Traveling outside the United States while your application is pending—or even after parole in place—can cause major problems. If you leave the United States after receiving parole in place, your parole will automatically end, and you might be denied re-entry. Parole in place does not grant travel permission. You would need an Advance Parole Document to travel, but even with this document, re-entry is not guaranteed. It is strongly advised to refrain from international travel during the parole process.

Could I Be Employed in the United States Under Parole in Place?

Indeed, if your request for parole in place is granted, you can apply under eligibility category (c)(11) for an Employment Authorization Document (EAD) by Form I-765, Application for Employment Authorization. You have to wait, though, until your Form I-131F is approved before submitting Form I-765. The filing fee for Form I-765 is $520 if filed on paper or $470 if filed online. Fee waivers for Form I-765 are available only if you file by mail.

How Do Form I-131F and Form I-130, Petition for Alien Relative, Relate?

Form I-130 is the petition a U.S. citizen spouse or stepparent files on behalf of a noncitizen spouse or stepchild to establish the family relationship needed for a green card application. Your U.S. citizen spouse or stepparent still must file Form I-130 even if you are granted parole in place to change your status to lawful permanent resident (LPR). Though they must be filed separately, Form I-130 can be filed before, during, or after the Form I-131F process.

The U.S. citizen stepparent must show for stepchildren that the marriage to the noncitizen parent was bona fide—that is, it was not entered into solely for immigration needs.

Regarding I-601A Provisional Unlawful Presence Waivers:

If you have accumulated unlawful presence in the United States, you might have to submit Form I-601A, Application for Provisional Unlawful Presence Waiver, to remove the bars to re-entry applicable upon leaving the country in order to obtain a visa. However, if you are granted parole under Form I-131F and subsequently seek to adjust your status (Form I-485), you will not have to leave the United States, and thus you might not need a provisional unlawful presence waiver.

You can still apply for parole in place if you have an approved or pending Form I-601A. However, if your Form I-131F is approved and you seek to adjust your status, your pending Form I-601A will be denied since it would not be required. To avoid any discrepancies, ensure all biographic data on Form I-131F matches the information on your Form I-601A.

What Effects on Status Adjustment Would Form I-131F Approval Have?

Approval of Form I-131F and the following grant of parole in place allows you to stay in the U.S. and possibly change your status to a lawful permanent resident (LPR). You must file Form I-485, Application to Register Permanent Residence or Adjust Status, to accomplish this. A grant of parole in place meets the criteria under INA 245(a), which state an applicant must have been inspected and admitted into the United States.

However, applying for a change of status will still be assessed for admissibility, including any unlawful presence you might have accumulated prior to the parole grant. If you were unlawfully present prior to parole in place, this could affect your eligibility for adjustment of status and require either waivers or other legal action.

Working with an F1 Visa

By Asim Kilinc, Immigration Attorney at CK Law Firm

The F1 Visa is a temporary immigrant student visa granted to international students who wish to study in the United States. One of the most frequently asked questions by individuals applying for the F1 visa is whether they can work while holding this visa. In this article, we will answer the following questions:

What is an F1 Visa?
How Many Hours Can You Work Per Week with an F1 Visa?
How to Work On-Campus with an F1 Visa?
How to Work Off-Campus with an F1 Visa?

If you have additional questions regarding the F1 visa, please do not hesitate to contact me via the comments section below this article, by sending a direct message on LinkedIn, or through the CK Law Firm Immigration Law Firm’s website, where I am a co-founder.

What is an F1 Visa?

The F1 Visa is a temporary immigrant student visa granted to international students who wish to study in the United States. The F1 Student visa indicates that the applicant has been accepted by an educational institution in the United States, can cover their expenses while studying, and will return to their home country upon completing their studies. The accepted institution could be a language school, undergraduate, associate degree, or doctorate program.

How Many Hours Can You Work Per Week with an F1 Visa?

Working hours while studying in the United States on an F1 visa are subject to specific regulations:

On-Campus Work:

During the Term: You can work up to 20 hours per week.
During Holidays: You can work up to 40 hours per week during summer, winter, or other official holidays.

Off-Campus Work: Off-campus work permits are generally granted after graduation and under specific programs. However, these work hours are typically subject to similar restrictions and may vary depending on the type of job.

It is crucial to adhere to these hourly limits, as violating them may result in the cancellation of your F1 visa and loss of your legal status in the United States.

How to Work On-Campus with an F1 Visa?

Working on-campus with an F1 visa is a popular option for international students in the United States. On-campus work allows students to earn legally and gain work experience. Here are the steps to work on-campus with an F1 visa:

Identify Suitable Jobs:

On-campus jobs are positions located within the university’s facilities. These can include working in the library, student center, cafeteria, as a teaching assistant, or research assistant.

Job Application:

Explore job opportunities through your university’s career center, student affairs office, or online job listings.
You may need to prepare a resume (CV) and cover letter when applying for jobs. Additionally, some positions may require you to participate in an interview.

Social Security Number (SSN) Application:

To work legally in the United States, you must obtain a Social Security Number (SSN).
You can apply for an SSN by obtaining the necessary documents from your employer or student advisor. Typically, you will need your passport, F1 visa, I-20 form, and a confirmation letter from your university.

Work Hours and Tax Obligations:

Plan your work hours not to exceed the weekly 20-hour limit.
You may be required to pay taxes on your earnings from on-campus work. Therefore, you may need to file a tax return each year.

How to Work Off-Campus with an F1 Visa?

Working off-campus with an F1 visa in the United States is possible under certain conditions and is generally limited to specific programs.

Curricular Practical Training (CPT):

CPT allows off-campus work as part of your educational program. Internships, cooperative education programs, or on-the-job training can be considered CPT.

Requirements:

CPT must be directly related to your studies.
The student must have completed at least one academic year of full-time study.
You must obtain approval from your academic advisor and your university’s international student office.

Work Duration:

You can work full-time (more than 20 hours per week) or part-time (less than 20 hours per week) under CPT.

How to Apply:

Once you find a suitable job for CPT, you must obtain CPT approval on your I-20 form from your university’s international student office.
Do not start work without providing this approval to your employer.

Optional Practical Training (OPT)

OPT allows F1 visa holders to work off-campus either before or after completing their educational program. OPT is commonly used to gain work experience after graduation.

Requirements:

OPT must be in a field related to your studies.
Each student is entitled to a total of 12 months of OPT; students in STEM (Science, Technology, Engineering, Mathematics) fields may be eligible for a 24-month extension.

Work Duration:

Pre-completion OPT: You can work less than 20 hours per week during your studies.
Post-completion OPT: You can work full-time after graduation.

How to Apply:

It is recommended to apply for OPT no later than 90 days before graduation.
You must submit Form I-765 and other required documents to USCIS to apply.
Once approved, you can start working on the designated dates.

Severe Economic Hardship

If you face unexpected economic hardship and find that on-campus work is insufficient, you may apply for an off-campus work permit.

Requirements:

You must have been a full-time student in F1 status for at least one academic year.
You must demonstrate that off-campus work is necessary due to economic hardship.

How to Apply:

You must apply to USCIS by submitting Form I-765 with supporting documents.
You may need to obtain a recommendation letter from your international student office.
Once approved, you can start working off-campus.

International Organizations

You can obtain permission to work off-campus for certain international organizations. These organizations may include large institutions such as the United Nations.

Requirements:

The job must be within the scope of an international organization and related to your studies.

How to Apply:

You should contact your international student office to arrange your I-20 form.
You must apply to USCIS to obtain a work permit.

Social Security Number (SSN)

You will need to obtain a Social Security Number (SSN) to work. You may need to obtain the necessary documents from your employer or international student office to apply for an SSN.

Tax Obligations

You are required to pay taxes on your earnings during the period of off-campus work. It is important to file a tax return each year and pay the correct amount of taxes.

Working off-campus without a work permit can lead to the cancellation of your F1 visa and the loss of your legal status in the United States. Therefore, it is extremely important to follow every step correctly and comply with the law. It is advisable to consult your international student advisor or an immigration attorney for any job opportunities.

Working off-campus with an F1 visa in the United States can be a great way to gain work experience and start your career strong. However, it is important to pay attention to legal requirements during this process.

Feel free to contact us at cklawfirm.org or directly reach out to me on LinkedIn to find out if you qualify for an F1 visa through our free consultation service. All you need to do is send us your resume. We will review it and get back to you within 24 hours.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

What are the Requirements for an O1 Visa?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The O1 visa is a prestigious immigrant visa that provides permanent residency in the United States for individuals with extraordinary abilities. This visa type is specifically designed for those who have achieved international recognition in fields such as science, arts, education, business, or athletics.

What is an O1 Visa?
What are the Differences Between O1-A and O1-B Visas?
What are the Requirements for Applying for an O1-A Visa?
What are the Requirements for Applying for an O1-B Visa?

If you have any additional questions about the O1 visa type, please do not hesitate to reach out to me via the comments section below this article, by sending a message directly on LinkedIn, or through the CK Law Firm Immigration Law Firm website, of which I am a co-founder.

What is an O1 Visa?

The O1 visa, or Individuals with Extraordinary Ability or Achievement visa, is a type of temporary employment visa available to individuals who have achieved success in science, arts, athletics, business, or education as determined by the USCIS. There are two categories under this visa type: O1-A and O1-B.

What are the Differences Between O1-A and O1-B Visas?

O-1A and O-1B visas are issued to individuals with extraordinary abilities in the United States, but they cater to different fields. Here are the primary differences between the O-1A and O-1B visas:

O-1A Visa:

The O-1A visa is for individuals with extraordinary abilities in fields such as science, education, business, or athletics.
The applicant must demonstrate extraordinary achievements in their field, evidenced by internationally recognized awards, publications, or other significant accomplishments.
This visa covers a broad professional spectrum and is often chosen by scientists, academics, recognized business leaders, top executives, and professional athletes.

O-1B Visa:

The O-1B visa is designed for individuals with extraordinary abilities in the arts, cinema, or television industries.
Applicants must provide evidence of extraordinary abilities in the arts, such as winning significant awards or participating in widely recognized projects.
This visa is commonly used by actors, singers, dancers, directors, musicians, and other artists.

What are the Requirements for Applying for an O1-A Visa?

When applying for an O-1A visa, the USCIS requires the applicant to meet specific criteria to prove their extraordinary abilities. The applicant must meet at least three of the following eight criteria:

Having Won Awards or Prizes:

The applicant must have won nationally or internationally recognized awards or prizes in their field. These awards prove the applicant’s extraordinary abilities and prominent position in their field.

Being Featured in Recognized Publications or Media:

The applicant must have articles or news features about them in recognized professional publications, mainstream media, or trade publications. These articles should showcase the applicant’s achievements and recognition in their field.

Serving as a Judge for Others’ Work:

The applicant must have served as a judge for others’ work in their field or a related field. This demonstrates the applicant’s expertise in their area of specialization.

Making Significant Contributions in the Field:

The applicant must have made original scientific, academic, or commercial contributions in their field. These contributions should bring innovations or advancements in their field.

Membership in Recognized Professional Associations:

The applicant must be a member of a recognized professional association where membership is limited to those who have shown extraordinary achievement. This membership demonstrates the applicant’s competence and prestige in their field.

Having Published Work in Recognized Professional or Trade Publications or Media:

The applicant’s work must have been published in recognized professional journals, trade publications, or other media sources. These publications should prove the applicant’s expertise and influence in their field.

Receiving High Salary or Compensation:

The applicant must have received or be currently receiving a high salary compared to others in their field. This indicates the applicant’s value and competence in their area.

Commercial or Professional Success in the Field:

The applicant must have achieved recognized commercial success in their field. These successes demonstrate the applicant’s advanced level in their career and their extraordinary abilities in their field.

Applicants who meet at least three of these criteria may be eligible for the O-1A visa. The USCIS carefully evaluates each application and expects applicants to clearly demonstrate their extraordinary abilities and achievements in their field.

What are the Requirements for Applying for an O1-B Visa?

The O-1B visa is granted to individuals with extraordinary abilities in the arts, cinema, or television industries. The USCIS requires applicants to meet at least three of the following six criteria:

Having Played a Leading or Significant Role:

The applicant must have played a leading or significant role in a recognized production. This role should demonstrate the applicant’s artistic talents and recognition in their field.

Receiving Praise from Recognized Critics, Organizations, or Media:

The applicant’s artistic talents and achievements must have received praise from recognized critics, organizations, or media outlets. These accolades should support the applicant’s extraordinary abilities.

Achieving Commercial Success or Making Significant Contributions with a Recognized Organization or Institution:

The applicant must have worked with a recognized organization or institution to achieve commercial success or make significant contributions. These successes demonstrate the applicant’s extraordinary abilities in their field.

Participating in Artistic Activities Undertaken by Recognized Institutions, Organizations, or Government Agencies:

The applicant must have participated in artistic activities organized by recognized institutions, organizations, or government agencies. These activities should provide an opportunity for the applicant to showcase their talents.

Receiving High Salary or Compensation for Their Work:

The applicant must have received or be in the process of negotiating a high salary for their work. This shows the applicant’s artistic talents’ value and market presence.

Playing a Leading or Significant Role in Recognized Artistic Groups, Organizations, or Collaborative Projects:

The applicant must have played a leading or significant role in recognized artistic groups, organizations, or projects. This role should demonstrate the applicant’s leadership and competence in their field.

Applicants who meet at least three of these criteria may be eligible for the O-1B visa. The USCIS expects applicants to provide sufficient documentation and evidence to prove their extraordinary abilities in the arts, cinema, or television industries.

Applying for an O1 visa can be a complex process, but you can increase your chances of success by following the correct steps and providing the necessary documents. If you wish, you can contact me via cklawfirm.org or LinkedIn to find out if you are eligible for an O1 visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Attorney Asım Kılınç?

US Tourist Visa B1/B2 on Ekşi Sözlük: Lawyer Dr. Ergül Çeliksoy Answers the Most Frequently Asked Questions on Ekşi Sözlük

By Ozlem Kara, Content Editor at CK Law Firm

Özlem Kara, the content editor at CK Law Firm, and Ergül Çeliksoy, the founding partner of CK Law Firm, came together on Ekşi Sözlük to answer the most frequently asked questions about the B1/B2 tourist visa. We thank Ergül Çeliksoy for the enjoyable interview.

By reading this post, you will find answers to the following questions:

What is the B1/B2 Visa?
What are the Requirements for the B1/B2 Visa?
What Documents are Required for the B1/B2 Visa?
What is the Validity and Stay Duration of the B1/B2 Visa?

Hello Mr. Ergül, we would like to know more about you and your career. Could you tell us about yourself?

Certainly. In 2017, I completed my Master’s degree in international law and human rights law at the University of Nottingham and then began my PhD at the same university. In 2022, I earned my Doctor of Law degree from the University of Nottingham School of Law. My publications, research, and articles in my field have gained international recognition. I have handled many cases and now, with the experience I have gained, I provide effective and solution-oriented services to my clients at CK Law Firm, helping them start new lives.

What is the B1/B2 Visa?

The B1/B2 tourist visa is a type of visitor visa granted to foreigners who wish to make short visits to the United States. The B1 visa is used for business trips, while the B2 visa is used for purposes such as tourism, medical treatment, or visiting family and friends. The B1/B2 visa allows the applicant to temporarily enter the US and stay for a certain period.

What are the Requirements for the B1/B2 Visa?

To apply for a B1/B2 tourist visa, certain conditions must be met. Here are the important requirements to consider during the application process:

Requirement 1: Temporary Visit Purpose

You must prove that you intend to stay in the US temporarily and return to your country after a certain period.

Requirement 2: Passport

Your passport must be valid for at least 6 months beyond the end of your planned US trip.

Requirement 3: Financial Ability

You must prove that you are financially capable of covering all expenses during your stay in the US. This can be documented through bank statements, pay stubs, or sponsorship letters.

Requirement 4: Criminal Record

Individuals with no criminal record or any legal issues that could negatively affect the visa application can apply.

Meeting these requirements and providing the necessary documents are crucial for a successful visa application.

What Documents are Required for the B1/B2 Visa?

The required documents for applying for a B1/B2 visa are as follows:

Valid Passport:
- A passport that is valid for at least 6 months beyond the end of the visa period.
DS-160 Form Confirmation:
- The confirmation page of the DS-160 application form, completed online, with the barcode.
Visa Fee Payment Receipt:
- The receipt showing that the visa application fee has been paid.
Biometric Photo:
- A biometric photo taken within the last 6 months, clearly showing your face. This photo should also be uploaded to the DS-160 form.
Interview Appointment Confirmation:
- Confirmation of the interview appointment obtained from the US consulate.
Financial Documents:
- Documents proving that you can cover your travel expenses in the US. For example: bank statements, pay stubs, tax returns, financial sponsorship documents (if another person is covering your expenses).
Documents Showing Intent to Return:
- Documents proving that the applicant will return to their country. For example: a leave of absence letter or work documents, property ownership documents, documents showing family ties.
Travel Plan and Documents:
- Documents detailing the purpose, duration, and details of the visit. For example: hotel reservations, flight reservations, invitation letters for events you will attend in the US.
Invitation Letter:
- If you have been invited to a business meeting, conference, or visit with a relative/friend in the US, an invitation letter.
Previous Travel Documents:
- Copies of visa and entry-exit stamps from previous travels to the US or other countries.
Other Supporting Documents:
- Other documents, such as a work contract, work ID, or student certificate, if necessary.

These documents must be submitted to the consulate when applying for a US B1/B2 visa. It is important that the documents are complete and accurate for a successful visa application.

What is the Validity and Stay Duration of the B1/B2 Visa?

Key details regarding the validity and stay duration of the B1/B2 visa are as follows:

Validity Period: The B1/B2 visa typically has a validity period of 1 to 10 years. The validity period of the visa depends on the applicant’s situation, the information provided during the application, and the evaluation of the US consulate. The B1/B2 visa often allows for multiple entries, meaning you can enter the US multiple times during the visa period.
Stay Duration: The US Customs and Border Protection (CBP) officers determine how long you can stay in the US after entering. Generally, those entering with a B1/B2 visa are granted a stay of up to 6 months. However, this duration may be shorter, depending on the CBP officer’s evaluation. The I-94 form (or the electronically recorded entry document) you receive upon entry determines your stay in the US. You must leave the US by the date specified on this form. The stay duration is independent of the visa’s validity period.
Extending the Stay: If you wish to extend your stay in the US, you can apply to USCIS to request an extension of your visa stay. This application must be made before the stay duration on the I-94 form expires. Your application will be evaluated, and if your reasons are sufficient, you may receive an extension.
Difference Between Visa Duration and Stay Duration: The visa duration determines the periods when you can enter the US. However, the length of stay after entering depends on the CBP officer’s determined duration. You can enter and exit the US multiple times during the validity period of your visa, but it is important to pay attention to the stay duration granted at each entry.

In conclusion, providing accurate information and documents at every stage of the application is crucial. Due to the complexity of the process and legal requirements, it may be beneficial to seek support from an immigration attorney. Remember that you can reach me directly via CK Law Firm’s website, at info@cklawfirm.org, or on LinkedIn!

President Biden’s Asylum Policies Reduce Migrant Flow in the U.S.

By Ozlem Kara, Content Editor at CK Law Firm

According to official government data, President Biden’s decision to restrict asylum claims at the southern border has led to a significant decrease in the number of migrants released into the interior of the United States. This policy was implemented as part of measures aimed at reducing illegal border crossings in the U.S.

Impact of the New Immigration Policies

In June, President Biden made substantial changes to the immigration system by issuing several executive orders that restricted the right of most migrants to seek asylum in the U.S. These steps resulted in a noticeable decline in the number of migrants crossing the U.S.-Mexico border illegally. In July, the number of migrants apprehended outside official entry points at the southern border dropped to 56,400, the lowest level in nearly four years. Experts attribute this decrease to the hot summer months and Mexico’s crackdown on migrants heading north.

Decrease in Migrant Releases

One of the most notable outcomes of these new policies has been the significant reduction in the number of migrants released by the U.S. Border Patrol. In July, the Border Patrol released far fewer migrants with court notices compared to previous months. For example, in May, this number was 62,000, but it dropped to 12,000 in July.

These strict measures have also increased the rate at which migrants are subjected to expedited removal procedures. In July, 50% of apprehended migrants underwent these procedures, marking a significant increase from previous months.

Restricted Access to Asylum Rights

Under U.S. law, asylum is offered to provide legal protection to foreign nationals fleeing persecution for specific reasons. However, changes in President Biden’s asylum policies have severely restricted migrants’ access to this right. Since June, there has been a substantial decrease in the number of migrants screened by asylum officers. Additionally, new rules have made it more difficult for migrants to express their fear of harm, increasing the risk of asylum claims being denied.

Future Outlook

The Biden administration anticipates that if these policies continue to be enforced, the decline in illegal border crossings will persist. However, there is a risk that these policies could be overturned in federal courts. Immigrant rights advocates, in particular, argue that Biden’s policies have negative consequences for migrants.

For more details, visit the CBS News website.

At CK Law Firm, we closely monitor current developments in U.S. immigration law and continue to provide our clients with the most accurate information. Contact us for more information on asylum claims and other immigration processes.

Types of U.S. Visas: Which Visa is Right for You?

By Asim Kilinc, Immigration Attorney at CK Law Firm

Selecting the right visa type is crucial for individuals planning to travel to the United States. The visa type depends on the purpose and duration of your visit. Here are the most common types of U.S. visas:

Tourist Visas (B1/B2)

B1 Visa: Used for business travel. It is suitable for business meetings, conferences, or business negotiations. However, this visa does not permit you to work in the U.S.
B2 Visa: Used for tourism, family or friend visits, medical treatment, or social events. With this visa, you cannot work or study in the U.S.

Work Visas (H1B, L1, O1)

H1B Visa: A temporary work visa for specialized jobs, where the applicant has a specific job offer and is sponsored by a U.S. employer. The H1B visa allows you to stay in the U.S. for up to 3 years, with possible extensions under certain conditions.
L1 Visa: Issued for intra-company transfers between branches of the same company in different countries. L1A is for executives and managers, while L1B is for positions requiring specialized knowledge.
O1 Visa: Given to individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics.

Student Visas (F1, M1)

F1 Visa: Granted to students who wish to pursue full-time academic studies at accredited schools, colleges, or universities in the U.S. F1 visa holders may work on campus under specific conditions.
M1 Visa: Applies to students wishing to enroll in vocational or technical training programs. M1 visa holders can stay in the U.S. for the duration of their academic program.

Exchange Program Visas (J1)

J1 Visa: Issued to individuals participating in cultural exchange programs, such as students, teachers, interns, or researchers. J1 visa holders typically must return to their home country after completing their program.

Immigrant Visas (EB-5, DV)

EB-5 Visa: A type of immigrant visa for foreign investors who wish to obtain a Green Card by investing in the U.S. and creating jobs under certain conditions.
DV (Green Card) Lottery Visa: A visa granted through the Diversity Visa (DV) Lottery held annually by the U.S. government, allowing selected individuals to obtain a Green Card and live and work in the U.S. indefinitely.
EB-2 National Waiver Visa: Available for those who have demonstrated significant achievements in their field and meet at least 3 of the 10 criteria set by USCIS.
EB-1A Visa: Issued to individuals who have achieved a high level of success in the fields of science, arts, education, business, or athletics.

Fiancé and Family Visas (K1, K3)

K1 Visa: Issued to foreign nationals engaged to a U.S. citizen. After entering the U.S. with a K1 visa, the couple must marry within 90 days.
K3 Visa: Granted to spouses of U.S. citizens who wish to settle in the U.S. This visa allows the spouse to live in the U.S. while their Green Card application is being processed.

Choosing the right visa type is crucial for ensuring that your plans proceed smoothly. Each visa type has specific requirements and conditions. At CK Law Firm, we are happy to guide you through your U.S. visa application process. Feel free to reach out via cklawfirm.org, info@cklawfirm.org, or contact me directly on LinkedIn.

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