21 Sep 2017

30/60/90-Day Policy Revised on Misrepresentation and Preconceived Intent

On September 1, 2017, the U.S. Department of State (DOS) revised its Foreign Affairs Manual (FAM) policy guidance to consular officers regarding "misrepresentation" under the Immigration and Nationality Act (INA) § 212(a)(6)(C)(i). In particular, the DOS changed its policy on when a consular officer can...

18 Sep 2017

I began a full-time job recently and I have an I-140 approval from my previous employer. More than 180 days have passed. Can my wife apply for H-4 EAD with my previous employer’s approved I-140?

Answer If the I-140 has been approved for at least 180 days, then it can no longer be revoked by the employer's withdrawal and remains approved. It therefore can be used for multiple H1B/H-4 extensions, as well as the H-4 EAD. (18.Sep.2017)In frequent sessions of our...

11 Sep 2017

I got my green card almost two years ago through my U.S. citizen spouse. We are now going through a divorce. Can I file my I-751 petition to remove conditions while the divorce is pending?

Answer USCIS memoranda permit the filing of the I-751 'waiver' application as soon as the divorce is filed. The USCIS will eventually issue a request for evidence for the final divorce decree, which is needed prior to approval. (11.Sep.2017)In frequent sessions of our Chat, Sheela Murthy...

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