Immigration questions never stop evolving. Each week, people turn online to share challenges they are facing, from visa concerns at the border to the uncertainty of detention or the complexities of family-based immigration.
These conversations highlight how confusing U.S. immigration law can feel, even for those who have lived or worked in the country for years. To bring clarity, we review the most-asked questions and provide straightforward explanations rooted in current policy and practice.
Here are five of the top immigration questions people asked online this week, along with clear guidance to help make sense of each situation.
#1. While re-entering the U.S. on H1B, I was flagged for ICE review because I couldn’t show tax documents proving compliance from my earlier OPT. What does this review mean, and should I be concerned even after multiple past entries?
Being flagged for ICE review doesn’t automatically mean your H1B status is at risk, but it signals that immigration officers want to verify whether you fully complied with your OPT and prior visa terms.
Tax compliance is often tied to demonstrating that you maintained lawful presence and worked only with proper authorization. While you may re-enter without issue, officers now have access to more detailed databases and may cross-check employment and tax records.
If you failed to file taxes correctly during OPT, it could raise red flags. You should gather your past W-2s, 1099s, and filed returns to be prepared.
If you’re concerned about it, it’s best to consult with a tax professional before your next trip, so you can address any gaps proactively rather than risk denial at the port of entry.
#2. My undocumented brother overstayed his B2 visa, was detained by ICE, denied bond, and now faces transfer while we try to request voluntary departure. ICE and the court disagree on jurisdiction, leaving us stuck. How should we proceed?
Your brother’s case is complicated because ICE detention and immigration court proceedings overlap, but don’t always move in sync. When ICE denies bond, it usually means they consider him a flight risk or not eligible under current law.
The transfer notice likely means ICE is moving him to another detention facility while his case continues. The conflict over jurisdiction, whether ICE or the immigration judge controls the request for voluntary departure, needs to be clarified quickly.
Usually, voluntary departure can only be granted by an immigration judge after proceedings begin, not directly by ICE once removal is underway.
You should get legal counsel who can file a motion with the court to assert jurisdiction, request voluntary departure formally, or at least stop unnecessary transfer delays. You should act fast because prolonged detention reduces options and increases costs for your family.
#3. I hold a valid B1/B2 visa and a newly approved single-entry L2. Can I first enter the U.S. briefly on my B1/B2 to prepare for relocation, or will immigration require me to use my L2 immediately?
Technically, you can still use your valid B1/B2 visa for short visits, even after your L2 has been approved. U.S. Customs and Border Protection (CBP) officers, however, will look at your intent at the port of entry.
If you enter on B1/B2 while already planning to relocate permanently on L2, that could raise questions about visa misuse. The fact that your L2 is single-entry makes it more sensitive: if you use B1/B2 first, officers may think you are avoiding activating your dependent visa.
The safest approach is to enter directly on your L2 when ready, since it aligns with your long-term intent. If you must visit first on B1/B2, carry proof that you’ll leave again before officially relocating, such as return tickets or work obligations abroad. But know that it’s still risky.
#4. I plan to move from the UK to Tampa to live with my girlfriend of 18 months by the end of 2026. What visa options are realistically available to make this move possible?
Moving to the U.S. to live with a partner is only straightforward if you are married or engaged. Without marriage, there’s no U.S. visa that allows you to relocate solely to live with your girlfriend.
If marriage is in your plans, you could apply for a fiancé(e) visa (K-1), which allows you to enter the U.S., marry within 90 days, and then apply for a green card. If you marry beforehand, she can petition for you through a marriage-based immigrant visa (CR-1 or IR-1).
If marriage is not an option right now, you would need to rely on work, study, or investment visas that qualify you independently, such as an H-1B if an employer sponsors you, or an F-1 if you study.
Simply moving on a visitor visa with the intent to live permanently is not allowed. So realistically, your future plans with your girlfriend will determine which immigration pathway fits best.
#5. Can an undocumented immigrant in the U.S. qualify for any type of postsecondary education benefits, such as in-state tuition or federal or state financial aid?
Undocumented immigrants cannot access federal financial aid such as Pell Grants or federal student loans. However, some states and colleges provide their own tuition and aid options.
As of 2025, more than 20 states (including California, Texas, New York, and Illinois) allow undocumented students, often through tuition equity or DREAM Act-style laws, to qualify for in-state tuition if they meet residency and high school graduation requirements.
A few states, like California and New Mexico, also provide access to state-funded grants or scholarships. Private scholarships are another option, since many organizations do not require proof of legal status.
The availability of benefits varies widely by state, so it’s important to check the rules in the state where you plan to study. While opportunities are limited compared to documented students, in-state tuition access has been expanding in recent years.
Get Clarity Today
Immigration rules are complex, and each case can turn on small details, your travel history, your documents, and even the state you live in. Reading other people’s experiences can help, but nothing replaces getting clarity on your own situation. That’s why ImmigrationQuestion.com exists.
You can ask any question there for free and get answers from licensed immigration attorneys who understand the system. Instead of guessing or relying on half-answers, you’ll know your next step with confidence.
