13 Nov 2017

Last year, my husband got his green card by being sponsored by his employer, and I got mine at the same time as his dependent spouse. We are now getting divorced. Will that impact my GC?

Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

23 Oct 2017

I have an approved I-140 for an EB2 case with a November 2011 priority date. Can I transfer this priority date to a family-based case?

Answer Unfortunately, the priority date from an employment-based case cannot be ported to a family-based case. Any family-based petition would be issued a brand new priority date. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

30 Aug 2017

Temporary Relief for Immigrants Impacted by Hurricane Harvey

The U.S. Citizenship and Immigration Services (USCIS) has issued a news alert, advising stakeholders impacted by Hurricane Harvey of the immigration relief that may be available on a case-by-case basis. Some of the types of relief that may be requested include:Changing a nonimmigrant status...

29 Aug 2017

In-Person Interviews to be Required Prior to Approving I-485s in All Employment-Based Cases

The U.S. Citizenship and Immigration Services (USCIS) has clarified its new policy on the expanded use of in-person interviews. Effective October 1, 2017, the USCIS will begin requiring an in-person interview prior to approving any application to adjust status (form I-485) filed based on an...

25 Aug 2017

Murthy Takes Action: NSC Agrees to Stop Denying Advance Parole Applications Based on Overseas Travel

As reported in the MurthyDotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017) the U.S. Citizenship and Immigration Services (USCIS) began denying advance parole (AP) applications (form I-131), in recent months, for applicants who traveled abroad before their respective I-131s were approved. In...

21 Aug 2017

I am a U.S. citizen sponsoring my mother for a green card. Will non-availability of her birth certificate create problems for her case?

Answer This can definitely lead to the issuance of a request for evidence, because of the requirement that the parent-child relationship be proven. The USCIS will sometimes demand a DNA test in this situation. (21.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

02 Aug 2017

NewsFlash! Trump, GOP Senators Propose Bill to Modify Immigration System, Slash Visa Numbers

Today, President Trump announced his support for a bill proposed by Republican Senators Tom Cotton (AR) and David Perdue (GA) that, if passed, would make massive changes to the U.S. immigration system. The proposal would replace the current employment-based immigration system with a merit-based system....

31 Jul 2017

I am eligible to apply for U.S. citizenship, but my husband and children will not qualify for another year. Is it advisable for me to wait and apply for the whole family at the same time?

Answer In general, there is no particular benefit for a family to wait to file naturalization applications at the same time, other than the fact that the citizenship interviews generally will be scheduled for the same day. Also, depending on the circumstances, the children may become...

20 Jul 2017

August 2017 Visa Bulletin Check-in: Discouraging Predictions for FY18

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions nearly every month. The update this month for the August 2017 Visa Bulletin includes both some short-term predictions and some predictions for...

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