24 Oct 2022

USCIS Again Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) announced today that the response time flexibility, initially announced on March 20, 2020, is being extended. This extension applies to qualifying USCIS requests issued through January 24, 2023. Response Time Flexibility The USCIS has extended the response time flexibility for...

20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

22 Sep 2022

My EB2 I-485 was approved a few days ago. My wife’s I-485, which is also based on my I-140, is still pending. My priority date will no longer be current in October. What happens if her case is not approved before October 1st?

Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife's case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other action...

29 Aug 2022

DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts

On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...

22 Aug 2022

Changing from Adjustment of Status to Consular Processing

For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...