05 Jun 2024

LPR Birth Abroad

Pro-tip! A child born abroad to an LPR parent can become an LPR by entering the U.S. with the LPR mom or dad on their 1st trip back within two years of the birth! No visa for the child needed, only a birth certificate and...

05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

03 Jun 2024

PERM Denied? What’s Next?

The PERM process is long. Approvals are great, but what do you do when the PERM is denied? Refile? Appeal? Start from scratch? People and employers have lots of questions. Read our analysis and call us for advice....

31 May 2024

TSC Mail Intake Suspension

Have you recently sent mail to the USCIS Texas Service Center? Due to temporary mail intake suspension, your filing may have been delayed. If you missed an important deadline, you may qualify for an exception under Immigration Relief in Emergencies or Unforeseen Circumstances | USCIS....

29 May 2024

I got married to a green card holder last year, and he sponsored me for a green card. The petition is still pending, but our marriage has been a very poor match, and we have already separated. When he withdraws the petition, will this prevent me from applying for a visa or green card in the future?

Answer Generally speaking, having an I-130 petition filed and then withdrawn would not prevent a person from applying for a visa or green card in the future. This information would have to be disclosed, as appropriate, however, such as on the DS-160, where it asks if...

29 May 2024