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14 Sep 2023

At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current?

Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if...

06:46 / EB5 Investor / FAQs / For Individuals / Investor / Resident
14 Sep 2023

I am a U.S. citizen but have been living in India for several years. I am soon getting married to an Indian citizen. Can I sponsor her for a green card, even though I don’t live in the U.S.?

Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

06:43 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
13 Sep 2023

New EB1A Guidance

New USCIS guidance on EB1A & EB1B. Mostly positive on evaluating evidence, USCIS still forgot: 2nd step of analysis requires evaluating total worth of I-140 evidence....

09:41 / HQ
12 Sep 2023

Prepare for the October 2023 Visa Bulletin

Have your Priority Date ready to check against the October 2023 Visa Bulletin when it comes out! EB1, EB2, and EB3 immigrants get to use the earliest one. Refresh your understanding of priority dates here....

09:17 / HQ
11 Sep 2023

USCIS Suspends Telephonic Attorney Representation

USCIS policy of allowing an immigration attorney to provide representation at USCIS interviews telephonically was put in place as a safety measure during Covid-19. It appears that this policy has been suspended at USCIS field offices as of August 2023. Although USCIS has not made...

06:22 / HQ
07 Sep 2023

I recently renewed my passport. The tourist visa stamp in my old passport does not expire until 2027. Is there a way to transfer that visa stamp to my new passport?

Answer It ordinarily is not possible to transfer a visa "stamp" from one passport to another. However, an unexpired B-1/B-2 visa in an expired passport normally can be presented at the port of entry along with one's new passport to request admission in B-1/B-2 status. (07.Sep.2023)Sheela...

06:56 / FAQs / For Individuals / Travel / Visitor
07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker