U.S. Department of Justice
Immigration and Naturalization Service
HQ 70/6.2.9
425 I Street NW
Washington, DC 20536
June 18, 2001
MEMORANDUM FOR: All Service Center Directors
All District Directors
All Officers-in-Charge
FROM: Thomas Cook /s/
Acting Assistant Commissioner,
Office of Programs
SUBJECT: Travel After Filing a Request for a Change of Nonimmigrant Status
The purpose of this memorandum is to correct an article published in the March 26, 2001
issue of Interpreter Releases. Quoting a statement by a Service officer, the article advises that an
alien on whose behalf a request for a change of nonimmigrant status has been filed may travel
outside of the United States and the request for a change of status would not be considered
abandoned. This is not an accurate interpretation of current Service policy.
Service officers are reminded that an alien on whose behalf a change of nonimmigrant
status has been filed and who travels outside the United States before the request is adjudicated is
considered to have abandoned the request for a change of nonimmigrant status. This has been,
and remains, the Service’s long-standing policy. The Office of Adjudications has described this
particular policy in numerous letters and correspondence with the public and the legal
community.
If at any time it comes to the attention of the Service that an alien on whose behalf a
request for a change of nonimmigrant status has been filed has travel outside of the United States
during the pendency of the request for a change of status, the application or petition should be
denied pursuant to 8 CFR 248.3(g).
Attached for your information is a copy of the article from the March 26, 2001 issue of
Interpreter Releases. Please note that the reference contained in the article to a October 20, 1999
letter written by Thomas Simmons is not germane to this issue because it relates to the filing of
an extension of temporary stay, not a request for a change of nonimmigrant status. Current
Service policy does not preclude an alien from traveling outside of the United States while a
request for an extension of temporary stay is pending with the Service.
For additional information regarding this issue, contact the Business and Trade Branch of
the Adjudications Division at (202) 353-8177.