Visa Bulletin For May 2025

Number 2

Volume XI

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during May for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

DHS to Begin Screening Aliens’ Social Media Activity for Antisemitism

Release Date 

04/09/2025

WASHINGTON— Today U.S. Citizenship and Immigration Services (USCIS) will begin considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect aliens applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity.

Extending B-1/B-2 visa for mother with health concerns – Options for caregiving in the US

Question details

The question is regarding my mother, who comes on B1/B2 every 6 months. My father expired during the COVID-19 pandemic, and she stays alone in India. My brother and I both live in the US. He is on an H1B visa, and I am on an H4 visa. My mom is also suffering from arthritis and is not able to walk much.

Is there a way we can extend her B1/B2 instead of sending her back to India? She has nobody to look after, and we are under a lot of stress as we are settled here and can't be in India for six months.

Video URL
FAQ Transcript

Yes, it may be possible for the mother to obtain a B-1/B-2 visa and potentially extend her stay in the US to help her children who are on H-1 visas. While not explicitly stated in law, there's a policy principle, often related to "cohabiting partners" as outlined in the State Department's Foreign Affairs Manual, that allows for B-1/B-2 visas in situations where close relationships exist, but dependents don't qualify for F-2 or H-4 status (like a parent of an H-1B holder).

This approach has been used successfully in the past for extended stays. However, it's not guaranteed and can be subject to the discretion of individual immigration officers. There's a risk of encountering issues or receiving requests for further evidence that may not make sense, requiring further action.

 

Withdrawing pending I-539 after H-4 visa stamping and new I-94 issuance

Question details

My spouse traveled to India and successfully completed her H4 visa stamping at the US consulate, which is now valid for next 2 years. Prior to her departure, she submitted an I-539 application for an H4 extension with USCIS. However, since she is returning to the United States, she will receive a new I-94 upon her arrival. Given that her I-539 application is still pending with USCIS, I would like to know the process for withdrawing the I-539 application.

We have filed her I-539 application online and it is still pending with USCIS.

We want to avoid any potential conflicts with her I-94 status in case USCIS approves her application after she arrives back in the US (new I-94 that she will receive at port entry and old I-94 if USCIS approves).

Video URL
FAQ Transcript

If an I-539 application (likely for H-4 extension in this context) is pending and the applicant travels outside the US and obtains an H-4 visa stamp, the pending I-539 is automatically abandoned. However, it's advisable to formally withdraw the I-539 to ensure clean records. To do this, the individual should contact USCIS customer service and request the withdrawal. They may be instructed to send a notarized letter, or it might be possible to do it over the phone.