In recent months, we have observed a significant increase in USCIS's scrutiny of financial transactions in change-of-status or extension-of-status applications, especially in cases involving B-2 status. Recently, we received a Notice of Intent to Deny (NOID) in which USCIS questioned cash deposits into the applicant's bank account, suggesting possible unauthorized employment.
In the case analyzed, USCIS stated:
“You submitted [BANK NAME] banking statements all showing large cash deposits at [LOCATION]. With those cash deposits, shows you may have been employed or working while your change of status application was pending.”
[To protect client confidentiality, case data and details have been removed.]
In other words, frequent cash deposits were interpreted as evidence of illegal work, even without direct proof of employment.
What does this mean in practice?
USCIS is:
- Analyzing bank statements more carefully.
- Questioning cash deposits (especially recurring ones).
- Assuming possible unauthorized work when there is an income pattern inconsistent with the status.
- Issuing NOIDs before the final denial, giving time for defense.
In this particular case, the agency indicated that the lack of proof of the origin of the money could lead to the denial of the change of status.
This is particularly relevant for:
- Change requests to B-2
- B-2 Extensions
Legal basis used by USCIS
USCIS bases this type of decision on:
- INA §101(a)(15)(B) – Visitor must be there for tourism or temporary business purposes only.
- INA §248 – Change of status is only possible for those who have maintained a valid status.
- 8 CFR 248.1(b) – Cannot have violated prior status.
- Matter of Kyriakarakos – Work in B-2 violates status.
Therefore: any indication of employment could jeopardize the change in status.
Main risks identified
- Frequent cash deposits.
- Deposits are always made at the same commercial location.
- Prices inconsistent with previously declared reservations.
- Lack of documentation proving the lawful origin of the funds.
- Financial activity inconsistent with tourist profile.
Even if the money is legitimate (e.g., family loan, sale of assets abroad, savings brought from the country of origin), the absence of documentation creates a negative presumption.
How to prevent problems
If you are in the process of extending or changing your status:
- Avoid frequent cash deposits: Opt for traceable transfers (wire transfer, Wise, documented international remittance).
- Document the source of the funds: Save them:
- Family loan agreements
- Donation statements
- Proof of sale of goods
Bank statements from the country of origin
Sworn statement explaining the origin
- Maintain financial consistency: Your spending pattern should be compatible with:
- Immigration status
- Length of stay
- Financial statement submitted
- Avoid any activity that could be interpreted as work: Even informal jobs or paid "help" can lead to serious problems.
- Seek guidance before filing I-539: Many problems could be avoided with prior planning.
We are entering a phase of more detailed financial analysis in immigration processes. What previously went unnoticed is now being used as grounds for NOIDs and denials. Transparency, proper documentation, and strategic planning are essential.
If you or someone you know is applying for an extension or change of status, we recommend a prior legal review. To do so, contact You Abroad USA!
Important Notice: This newsletter is for informational purposes only and does not establish an attorney-client relationship. The content should not be considered legal advice. It is recommended that you seek individualized professional guidance before making any decisions related to immigration matters.
