22 Sep 2021

October 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. The October 2021 Visa Bulletin included predictions, but Mr. Oppenheim provided some additional information during the program. Most notably, he provided more...

16 Sep 2021

My son will turn 21 in November. However, my family and I will be eligible to file our I-485s in October based on the dates for filing chart. Will this protect my son from aging out?

Answer Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out. Rather,...

26 Aug 2021

USCIS Updates Policy on Children Born Using Assisted Reproductive Technology

The U.S. Citizenship and Immigration Services (USCIS) has revised its policy related to the definition of a parental relationship. The USCIS will now recognize a parent-child relationship for children born abroad using assisted reproductive technology (ART), as long as the child's parents were married at...

29 Jul 2021

I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...

29 Jul 2021

Visa Processing by NVC and Consular Posts During COVID-19 Pandemic

With the ongoing pandemic, there have been severe backlogs in immigrant visa processing at U.S. consular posts. The overwhelming majority of consular posts still have limited capacity to process immigrant visas. Due to the delayed visa interviews during the pandemic, the National Visa Center (NVC)...

22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

15 Jul 2021

I have a pending I-485 based on my husband’s approved I-140. We are currently separated, and it will take many months before the divorce can be finalized. Will this impact my green card case?

Answer If the divorce is finalized before the I-485 is approved, your case should be denied by the USCIS. However, if the green card is issued before the divorce is official, the divorce typically would have no impact on the green card.  (15.Jul.2021)Sheela Murthy and other...

05 Jul 2021

July 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions for the rest of fiscal year 2021 (FY21), which runs through September 30,...

27 May 2021

I am recently divorced and wish to travel to the U.S. in H1B with my minor son, who will be coming in H-4 status. My ex-husband has no objections to this. Do I need to bring documents with me for my son to enter, since his father will not be traveling with us?

Answer U.S. Customs and Border Protection (CBP) strongly recommends that, if a child is only being accompanied by one parent, the parent traveling with the child carry a note from the other parent that states: "I acknowledge that my wife / husband / etc is traveling...