USCIS Is Citing Travel Bans to Deny Change of Status: What You Must Know

In current months, many candidates have been caught off guard by U.S. Citizenship and Immigration Services (USCIS) issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) in change of standing circumstances, citing journey bans beneath INA §212(f) as a adverse issue. This development has particularly impacted folks attempting to vary from to F-1 scholar standing whereas already contained in the United States. But, within the close to future this development might develop. If you’ve acquired an RFE or NOID referencing a presidential journey ban, you’re not alone. Below, we’ll clarify what these journey bans are, why USCIS’s use of them in home functions is controversial, and how one can reply.

What Are INA §212(f) “Travel Bans”?

“Travel ban” is a shorthand for restrictions issued by the President beneath Section 212(f) of the Immigration and Nationality Act. This legislation offers the President authority to droop the entry of sure noncitizens into the U.S. if their entry is deemed detrimental to U.S. pursuits. In apply, presidents concern Presidential Proclamations beneath 212(f) to bar or restrict entry of particular teams of individuals. These bans have taken numerous types through the years. For instance, proscribing entry from sure nations on account of safety issues, or (in a single 2020 proclamation) suspending entry of sure Chinese graduate college students believed to have ties to China’s army packages.

It’s vital to know that by their nature 212(f) bans are about entry into the United States. They sometimes forestall visa issuance or admission at a U.S. port of entry for affected people. Traditionally, for those who have been already contained in the U.S., these entry bans did not straight apply to you. You wouldn’t be deported simply because your own home nation was topic to a journey ban, and you might nonetheless apply for immigration advantages like extensions or change of standing. The journey ban was meant to cease somebody from coming into the nation, to not cease an individual who’s lawfully current from altering to a different authorized standing.

However, USCIS has lately began utilizing these proclamations in a brand new manner. There is a current development whereby USCIS is utilizing 212(f) bans as a think about deciding whether or not to grant discretionary functions. Certain immigration advantages (together with a change to scholar standing) will not be assured even for those who meet the essential necessities; the federal government can deny them as a matter of discretion. Now, USCIS is saying {that a} 212(f) journey ban could make somebody a disfavored applicant for a discretionary profit, even when that individual is already right here within the U.S. legally.

How Travel Bans Are Being Used in Change of Status Cases

Under new coverage steering issued in late 2025, USCIS officers should think about country-specific journey restrictions as an element when reviewing discretionary immigration requests. In apply, this implies in case you are from a rustic or group lined by a present 212(f) proclamation, USCIS may flag your change of standing (COS) utility for further scrutiny. The logic (from USCIS’s perspective) is that you just is likely to be “circumventing” the conventional safety vetting that you’d endure for those who needed to apply for a visa overseas. By altering standing contained in the U.S., you keep away from the consular visa interview and safety checks related to the journey ban – and USCIS has began to view that as a possible drawback.

Why is that this controversial? Because, as talked about, 212(f) bans technically droop entry, not the granting of standing contained in the nation. There is an efficient argument that USCIS is inappropriately repurposing an entry ban as a instrument to disclaim or delay circumstances for people who find themselves already right here. In the previous, if an individual from a “banned” nation was within the U.S. and utilized to vary standing (for instance, from customer to scholar), USCIS would consider the appliance by itself deserves. In different phrases, the journey ban would solely have an effect on them in the event that they left the U.S. and tried to come back again. Now, nonetheless, officers are instructed to deal with the existence of a journey ban as a “negative discretionary factor” in opposition to the applicant. That implies that even for those who’ve accomplished nothing improper and qualify for the standing you search, USCIS may deny you due to your nationality or background beneath the journey ban, claiming it raises safety issues.

Examples: RFEs and NOIDs Citing Travel Bans

To make this concern concrete, listed below are a few actual eventualities which have been unfolding:

• Chinese Students and PP 10043: Presidential Proclamation 10043, issued in 2020, is a journey ban that suspends entry of sure Chinese graduate college students and researchers in science and engineering fields, on account of nationwide safety issues. It was meant to cease these with ties to China’s army modernization efforts from acquiring F-1 or J-1 visas. Fast ahead to right now, and this proclamation continues to be in impact. USCIS has begun citing PP 10043 in circumstances the place Chinese nationals already within the U.S. search a change of standing to F-1 scholar. For occasion, Chinese college students who got here to the U.S. in one other standing (corresponding to J-1) after which utilized for F-1 have acquired NOIDs referencing PP 10043. The notices recommend that as a result of the coed opted to vary standing domestically as a substitute of making use of for a brand new F-1 visa in China, they is likely to be attempting to keep away from the safety screening mandated by PP 10043. USCIS then threatens denial as a matter of discretion, even when the individual has no report of wrongdoing. In these circumstances, there’s typically no particular allegation of espionage or misconduct – the mere chance that the individual would have been topic to further vetting in the event that they utilized overseas is getting used in opposition to them. USCIS basically says: “Had you applied for a student visa overseas, you would face tougher screening under PP 10043. We see your decision to change status in the U.S. as a negative factor, since it bypasses that screening.” This is alarming for a lot of college students and universities, because it means even those that adopted the foundations and have been learning within the U.S. for years will be considered with suspicion beneath a proclamation that was initially about entry restrictions.
• Applicants from Travel Ban Countries (PP 10998): In December 2025, a brand new Presidential Proclamation 10998 was issued, increasing journey bans to nationals of 39 nations (in addition to sure vacationers from the Palestinian Authority). This proclamation, like others, prohibits these nationals from coming into the U.S. as immigrants or nonimmigrants, with only a few exceptions, on account of safety and public security issues. Now we’re seeing USCIS drag this entry ban into the home enviornment. Applicants from these listed nations who file for advantages like a change to F-1 standing have gotten RFEs/NOIDs referencing the proclamation. For instance, a vacationer from Nigeria (one of many nations on the listing) utilized to vary standing to F-1 scholar in late 2025. He acquired a USCIS discover acknowledging that Nigeria is beneath a journey ban and that whereas he was admitted to the U.S. earlier than the ban took impact, the company is now contemplating these country-based restrictions in deciding his case. The RFE/NOID basically implied: “Nationals of your country are now partially barred from entering the U.S. under PP 10998. Even though you’re already here, we must evaluate whether granting you a student status would undermine the purpose of that ban.” The individual was requested to show why a positive train of discretion was warranted – in different phrases, to persuade USCIS to miss the adverse issue of his nationality. This is a dramatic shift. It means even for those who got here to the U.S. legally and have maintained your standing, a brand new rule focusing on your own home nation can all of a sudden throw your utility unsure.

In each these examples, the sample is similar: USCIS cites a 212(f) proclamation (like PP 10043 or PP 10998) and means that approving the change of standing would let the applicant “circumvent” vital vetting or restrictions. It turns the journey ban right into a quasi-inadmissibility issue for people who find themselves already contained in the U.S. The end result has been a wave of shock and nervousness for candidates and their attorneys, as a result of this wasn’t how journey bans have been enforced up to now.

How to Respond to a Travel Ban RFE/NOID: Practical Guidance

If you or your legal professional obtain an RFE or NOID that invokes a journey ban as a adverse issue, it’s essential to handle it totally. Here are some sensible steps and suggestions:

1. Confirm if the Travel Ban Truly Applies to You. Don’t simply take USCIS’s assertion at face worth – overview the particular Presidential Proclamation they cited and see who is definitely topic to it. Sometimes officers might misapply or overgeneralize the ban. For occasion, PP 10043 (the China proclamation) doesn’t ban all Chinese college students; it targets primarily post-graduate STEM college students affiliated with sure establishments in China. If you’re a Chinese applicant in a subject or schooling stage not lined by the ban, level that out. Similarly, PP 10998 covers nationals of sure nations, however examine for those who fall beneath any exception or exemption. Were you within the U.S. earlier than the efficient date of the ban? Do you maintain twin citizenship or one other passport that may not be topic to the ban? Are you making use of for a standing or visa class that the ban doesn’t limit? It’s potential USCIS flagged you simply due to your start nation, even when legally the proclamation’s scope is narrower. Make positive to make clear in your response whether or not or not you’re really one of many folks the proclamation was supposed to bar. If USCIS made a mistake in assuming you’re topic to the ban, right them with proof and clarification.
2. Review the Scope and Language of the Proclamation. Even if the ban does listing your nationality or group, learn the textual content of the proclamation (or a dependable abstract) to know its function and limits. Most 212(f) proclamations specify classes of individuals and infrequently listing exceptions or waivers. Understanding this context will show you how to craft a response. For instance, the proclamation may droop entry for sure visa varieties or sure age/schooling ranges, or it’d enable exceptions for everlasting residents, sure family, or these whose journey is within the U.S. curiosity. While these exceptions primarily apply to entry, realizing them can bolster your argument that your scenario is just not a risk to U.S. pursuits. Also word that the proclamation doubtless says it’s suspending entry into the U.S. – which you’ll remind USCIS is just not what you’re searching for. Quote or paraphrase key traces that present the ban is about entry, and that making use of for a change of standing from inside is just not prohibited by the proclamation. By demonstrating that you just’ve studied the precise coverage, you present USCIS that you just may not be the form of individual the ban was designed to cease.
3. Emphasize Positive Discretionary Factors. Since USCIS is treating this as a matter of discretion, your aim is to outweigh the adverse with as many constructive components as potential. In your RFE/NOID response, embody proof and arguments that spotlight your good character, compliance with legal guidelines, and the helpful elements of your keep within the U.S. Here are some examples of constructive components you may current:
   • Strong Ties to the U.S. or Reasons for Studying Here: Maybe you may have shut relations within the U.S., otherwise you’ve constructed a life right here throughout your keep. Perhaps your space of research is one thing uniquely provided by a U.S. establishment. Explain any compelling explanation why remaining within the U.S. as a scholar is vital and the way it advantages not simply you, however doubtlessly the group or subject of research.
   • Academic Merit and Contributions: If you’re already learning or have been accepted to a good program, present proof of your educational achievements. This might be transcripts, suggestion letters, awards, or a press release from a professor or advisor. Show that you’re a critical scholar who will positively contribute to the tutorial group. Academic and analysis contributions can counter the narrative that you’re a safety risk; it frames you as a substitute as a gifted particular person pursuing information.
   • Lack of Any Violations or Negative History: Emphasize that you’ve got obeyed U.S. legal guidelines and immigration guidelines. If you entered lawfully and have maintained your standing with none overstays or violations, level that out clearly. Highlight issues like clear felony report certificates (if out there), and the truth that you may have by no means been concerned in any safety incidents. Essentially, present that your report is spotless – you’ve accomplished all the pieces by the ebook.
   • Community Involvement and Character: Personal character references can carry weight. You can embody letters from group leaders, lecturers, employers, or others who can vouch on your good ethical character, volunteer work, or different contributions. Maybe you volunteer at an area charity, otherwise you’re energetic in a group group. If so, get a letter confirming that. These testimonials humanize you and present that you just’re a valued member of the group, not only a statistic from a “banned” nation.
   • Humanitarian or Personal Hardships: If there are sympathetic components in your case, deliver them up. For occasion, possibly it might be harmful or untenable so that you can return to your own home nation proper now (on account of battle, persecution, or different crises). Or maybe you may have a well being situation or household scenario that makes it notably vital so that you can keep within the U.S. to check. While a change to F-1 is just not a humanitarian standing per se, explaining the context of your scenario can solely assist. USCIS can train discretion favorably if there are compelling humanitarian grounds.

When presenting these components, remember to manage your proof properly. You may group paperwork and letters by theme and supply a canopy sheet or index explaining every exhibit. In your written clarification, explicitly argue that “the positive factors in my case outweigh any generalized concerns related to [the travel ban]”. You wish to guarantee the officer that granting your change of standing aligns with U.S. pursuits, somewhat than undermines them.

1. Address the “Circumvention” Concern Head-On. A key declare USCIS is making in these RFEs/NOIDs is that by altering standing within the U.S., you are attempting to evade safety vetting or entry restrictions. It’s crucial to counter this implication. In your response, clarify your causes for pursuing a change of standing with out leaving the U.S., and make the case that this was accomplished for official causes and to not sneak across the legislation. For instance:
   • Safety or Feasibility: Perhaps touring again to your own home nation for a visa interview is presently unsafe or impractical. (During the COVID-19 pandemic, as an illustration, many resorted to vary of standing as a result of consulates have been closed or journey was dangerous. Similarly, in case your nation is in turmoil, it’s affordable to keep away from journey.) If there have been journey obstacles or private security issues, describe them.
   • Legal Convenience vs. Illegal Evasion: Emphasize that altering standing within the U.S. is a authorized course of supplied by Congress. You are following the foundations set out in U.S. legislation – there’s nothing unlawful or underhanded about it. Point out that you just submitted to all required checks on your present visa if you first entered. If USCIS or different companies must vet you additional for the brand new standing, you’re absolutely prepared to conform. You merely selected the trail that made sense for you, which the legislation permits, and to not undermine any vetting. In truth, USCIS has entry to background checks and safety screening for candidates contained in the U.S. as properly. Make it clear that you’re not asking for a free go on safety screening – you underwent screening to enter the U.S., and you’ll be screened once more if wanted. The aim is to indicate that you just’re not hiding something or exploiting a loophole; you’re simply using a lawful process.
   • Prior Visa History: If you may have beforehand been issued U.S. visas or undergone safety clearances, point out that. For occasion, for those who held a B-1/B-2 visa or a J-1 visa and went by way of the usual background checks for these, word it. This will help argue: “I have been vetted before and complied with all procedures, so my choice to apply for F-1 here is not to dodge vetting – I have a history of good compliance.”
   • Intentions and Transparency: State clearly that your intention is to check and that you just absolutely intend to adjust to all immigration guidelines going ahead. You may add that if circumstances required, you’d adjust to any future visa necessities as properly. The thought is to reassure USCIS that approving your F-1 standing received’t allow any risk – you’re not attempting to recreation the system, you’re attempting to proceed your schooling with out interruption.

By straight addressing the “you’re trying to get around the travel ban” insinuation, you’re taking the wind out of that sail. You can acknowledge the proclamation’s existence however firmly assert that following the change-of-status course of is just not an abuse, it’s a necessity or a prudent selection in your case. It typically helps to phrase your rebuttal in respectful phrases, like: “I understand the agency’s concern regarding security screening under PP XXXX. I want to clarify that my decision to apply for a change of status was based on X, Y, Z reasons – not to evade any security checks. I remain willing to undergo all required security screening.” Such language reveals you’re taking their concern severely however have a sound clarification.

Conclusion: Stay Informed and Seek Legal Help

Facing an RFE or NOID that raises a journey ban concern will be daunting. This is an evolving and sophisticated space of immigration coverage. If you end up on this scenario, think about consulting an skilled immigration legal professional for steering. An legal professional will help craft a compelling response, making certain you cowl all of the factors above and tailoring the argument to your particular case. They also can advise you on the larger image – as an illustration, what to do in case your change of standing is in the end denied. (In some circumstances, it is likely to be potential to problem a denial in federal court docket, particularly if USCIS’s reasoning is seen as arbitrary or past their authority. These are uncharted waters, and litigation methods are nonetheless creating as this development unfolds.)

Above all, don’t ignore or take calmly an RFE/NOID referencing a 212(f) journey ban. It doesn’t imply your case is hopeless, but it surely does imply you want a cautious, well-documented response. By understanding the problem and responding with robust proof and arguments, you give your self the perfect likelihood at success. And with educated authorized counsel in your nook, you may navigate this new hurdle extra confidently.

Bottom line: Travel bans have been designed to guard U.S. safety on the level of entry, and utilizing them to refuse modifications of standing for these already here’s a novel tactic by USCIS. If you’re affected by this, arm your self with info, deal with the issues head-on, and get skilled assist. With a strong technique, you may push again in opposition to a wrongful denial and proceed in your path within the United States. Good luck, and keep knowledgeable!

Reddy Neumann Brown PC positioned in Houston, Texas, has been serving the enterprise immigration group for over 25 years and is Houston’s largest immigration legislation agency centered solely on U.S. Employment-based and investor-based immigration. We work with employers, workers and traders serving to them navigate the immigration course of rapidly and cost-effectively.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, the place he leads the agency’s Litigation Team, addressing delays and denials of immigration advantages, FOIA requests, and coverage and regulatory challenges. Steven is devoted to delivering sensible and efficient options for purchasers dealing with unreasonably delayed or unlawfully withheld immigration advantages, together with Employment Authorization Documents (EADs), advance parole, inexperienced playing cards, 221(g) selections, EB-5 delays, and different immigration-related issues. His litigation efforts have been instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. authorities recognizing that beneath the INA, L-2 and E visa spouses are licensed to work incident to their standing, eliminating the necessity for separate EAD functions. This case has remodeled work authorization for 1000’s of households throughout the United States.