MVP “Immigration Q & A Forum” – 8/8/25

1. I just noticed that my wife’s I-94 record shows that her H4 expired two months back. I had no idea. I’d like to do whatever is necessary to put my wife back in a valid status. What can be done?

You will first need to determine why the I-94 expired, was it based on her passport expiry or the actual expiration date listed on her I-797, I-539 approval notice, or as stamped on her H4 visa? If it was a mistake and she should have been given a date to match your H-1B, then you may be able to resolve the matter directly with Customs and Border Protection (CBP) at a local international airport. However, if the expiration date is not a mistake, then your wife can immediately leave the United States, and re-enter and produce her new passport, and documentation to establish a lawful nonimmigrant visa status upon re-entry. Or, depending upon the circumstances of the overstay, file a Nun Pro Tunc H4 extension of status petition with the USCIS, essentially requesting the government to forgive/excuse and treat the H4 extension as timely filed. It is highly recommended that you speak with an experienced Immigration Attorney to evaluate your options before proceeding on your own to rectify the situation.

2. I heard that the USCIS may now deny a marriage-based case without even issuing a Request for more evidence. Is this true?

Yes, on August 1, 2025, the USCIS released a Policy Alert notifying stakeholders that the USCIS Policy Manual has been revised to explain requirements associated with the screening, vetting, and adjudication of family-based immigrant petitions to include eligibility criteria, filing, interviews, and decisions. It is specifically noted that the USCIS can issue a denial without first issuing a request for additional evidence (RFE), or a Notice of Intent to Deny (NOID). As as result of these changes, it is highly recommended that you work with qualified Immigration Counsel when filing for any immigration benefit with the USCIS.

3. What is going on with TPS for Honduras, Nicaragua and Nepal? There is so much listed on the Internet and much of it is conflicting. Just trying to understand is TPS for Honduras, Nicaragua and Nepal still a thing?

Yes, Temporary Protected Status (TPS) for Honduras, Nicaragua, and Nepal remain a thing. The TPS designations for Honduras & Nicaragua were scheduled to expire on 09/08/2025; however, pursuant to a stay in the National TPS Alliance vs. Noem court case, the termination of TPS for Honduras and Nicaragua have been extended through 11/18/2025. Based on this court decision, employment authorization documents for Hondurans & Nicaraguans have been automatically extended through 11/18/2025.

The TPS designation for Nepal was scheduled to expire on 08/05/2025; however, pursuant to a stay in the National TPS Alliance vs. Noem court case, the termination of TPS for Nepal has been extended through 11/18/2025. Based on this court decision, employment authorization documents for the Nepalese have been automatically extended through 11/18/2025.

4. Where can I find my I-94 entry stamp?

You may visit https://i94.cbp.dhs.gov/home and click on the option to Get most recent I-94.

5. I saw something about if my H-1B is denied, the USCIS could issue an Notice to Appear in Immigration Court, is this true?

 It is possible.  On February 28, 2025, USCIS issued a Policy Memorandum entitled: Issuance of Notice to Appear (NTAs) in Cases involving Inadmissible and Deportable Aliens. A Notice to Appear is the charging document that instructs an individual to appear before an Immigration Judge at a certain time on a certain date. For beneficiaries of certain employment based petitions, USCIS will issue an NTA where: (1) the decision on the petition is unfavorable; (2) the beneficiary is not lawfully present in the United States or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129).

On May 2, 2025, Secretary Noem delegated Enforcement Authority to the USCIS Director to order expedited removal, issue orders of arrest and removal, and detain citizens. ICE and CBP already have these authorities; however, now USCIS has enforcement authority to take additional actions to enforce civil and criminal violations of the immigration laws. 

6. I normally have a lot of questions that arise when completing Form I-9 on behalf of a new employee. Is there any resource that you can recommend that could help answer my questions without having to call our Attorney every time I have a question.

Yes, the USCIS I-9 Employer Handbook is an excellent resource. 

7. Was TPS for Cameron extended or was it terminated?

TPS for Cameron was terminated by Secretary Noem on August 4, 2025. USCIS has removed any reference to TPS for Cameron from their website. See the archived information here: https://www.uscis.gov/archive/temporary-protected-status-designated-country-cameroon  Litigation remains pending re the termination of TPS for Cameron, Casa v. Noem.

8. I am unable to update my address through the USCIS portal, and I can no longer update my address the way I used to through the USCIS website. How can I update my address? 

You can visit the following website, https://www.uscis.gov/ar-11, and click on the AR-11 Form. You should complete the form, print it and mail it to the address listed on the Form. It is imperative that you notify USCIS within 10 days of a change in your address. Failing to do so under this Administration could result in a misdemeanor that can be punished by a fine of up to $200.00 and up to 30 days in jail. 

9. My question is about the Registration requirement that became a thing back in April of 2025. Will registration lead to any immigration benefit?

ABSOLUTELY NOT. This registration requirement is being used as an enforcement tool by the Administration. As a reminder, this Registration is being used as an enforcement tool and will not provide any benefit to the person registered.

10. I heard that if I am picked up and detained by ICE, although I’ve been here for 23 years without any status, I will be denied the ability to get a bond to be released from detention. Please let me know if this is true. 

It is possible. ICE recently released an unpublished policy that contains the argument that regardless of how long someone has been in the United States, they are considered ‘applicants for admission.’ As an ‘applicant for admission’ ICE argues that the person is ineligible to ask an Immigration Judge for release from detention on a bond, because the person is still trying to enter the United States because they were never given permission to enter in the first place. In Immigration Court, the ICE Prosecutor is arguing the following cases to support their position to treat the person as an ‘applicant for admission”: Jennings v. Rodriguez, 138 S. Ct. 830 (2018) and Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025). This issue is currently involved in pending litigation. It is highly recommended that you speak with an experienced Immigration Attorney about your immigration history as soon as possible so that you can be prepared.