12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...

29 Sep 2015

Should I File my I-485 Application Based on the Dates in the Original October 2015 Visa Bulletin?

As previously indicated, the Murthy Law Firm is generally recommending against filing adjustment-of-status applications (form I-485s) based on the cutoff dates listed in the original version of the October 2015 Visa Bulletin, which was released on September 9, 2015. This recommendation is based on a...

13 Aug 2015

Green Card with “Signature Waived” is Valid

The U.S. Citizenship and Immigration Services (USCIS) issued an explanation regarding signature waivers for permanent resident cards (i.e. green cards). This is in reference to situations in which a form I-551 (commonly, a "green card") bears the notation signature waived, rather than the green card...

10 Aug 2015

My wife and I are in H1B status and we recently had a child born in the U.S. Since he is a U.S. citizen, can we obtain any immigration benefits through our child?

Answer Not likely until the child reaches 21. At 21, a USC child could sponsor his/her parents for their green cards. Beyond that, there are limited situations in immigration law in which a child under 21 can assist with immigration issues. (e.g., Waiver or other extraordinary...

28 Jul 2015

DHS Hopes to Expand Preclearance Program

It has been announced that the U.S. Department of Homeland Security (DHS) intends to negotiate for an expansion of preclearance operations to ten additional overseas airports. Preclearance facilities, which are operated by U.S. Customs and Border Protection (CBP), are designed to improve U.S. security while simultaneously...