The following is a CIS memo concerning travel while applying for change of nonimmigrant status. Though this memo pre-dates the arrival of Mohammad Atta in Florida on his last entry before September 11, 2001, it is ironic that an INS testified before Congress in the aftermath of 911 that he had no choice but to allow Atta to enter the US "since he had applied for change of status to student" before he left and that application was still pending.

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.