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24 Mar 2022

I am a U.S. citizen and I sponsored by brother for a green card a few years ago. He is applying for an H1B visa at the consulate. Do I need to withdraw the family-based case before he applies for the visa?

Answer No, there normally would be no need to withdraw a family-based case for someone who is applying for an H1B visa. A pending family-base case typically would have no impact on the H1B visa process.  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:01 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
02 Mar 2022

DOS Provides Updated Visa Application Instructions for Ukrainian Applicants

The U.S. Department of State has posted the following updated instructions regarding consular services currently available for Ukrainians: The U.S. Mission to Ukraine is not currently offering visa services. Beginning immediately, Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt,...

14:24 / Consulates / For Families / For Individuals / Green Card Lottery / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident
16 Dec 2021

I filed my son’s I-485 as my dependent before he had aged out. After we applied, however, the category retrogressed. Is it possible my child could now age out?

Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if...

08:57 / AOS/CP (Family) / Family Based / FAQs / For Families / Immigrant Family / Resident
18 Nov 2021

I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...

08:48 / Consulates / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
04 Nov 2021

My I-485 was approved at the end of October. However, my wife’s I-485 is still pending, and the cutoff date has now retrogressed before my priority date. Can I sponsor her for a family-based green card? Do I have to wait a certain amount of time after getting my GC before I can sponsor someone?

Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...

06:58 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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...

11:57 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
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,...

07:05 / FAQs / For Families / For Individuals / Immigrant Family / Resident