A number of U.S. employers have recently received denials for change of status (COS) and adjustment of status (AOS) applications where the beneficiary purchased, but did not use, an airline ticket to depart the United States. The only reason cited in the denials is that the foreign national’s alleged departure from the United States shows constructive abandonment of the application.
U.S. Customs and Border Protection (CBP) has informed USCIS of this trend, classifying it as a simple office training issue. On August 6, 2014, CBP explained that when a foreign national purchases an international plane ticket, this information is uploaded to its computer system, which is shared with USCIS. Referred to as an “implied departure,” the ticket is displayed on the preliminary screen in the system’s electronic record for the ticketed foreign national. If the USCIS officer fails to click to a deeper level of the electronic record, he or she will not know whether the foreign national actually boarded the plane and departed the United States. CBP is actively taking steps to rectify this issue and expects a speedy resolution.
If you would like to find out more about “implied departures” or have received such a denial, feel free to contact our office.