Attorneys Law Firm Practicecontact us
29 Oct 2025

I am in the U.S. on L-1 status, but my family is still abroad. If I obtain my green card, can my family come to the U.S. afterwards on L-2 status and apply for their green cards?

Answer Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a...

05:29 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
18 Sep 2025

When I was living in the U.S. in H-4 status, my husband and I mistakenly believed my status was automatically extended when his H1B extension was approved. By the time I learned I was supposed to file a separate H-4 extension, I had already overstayed by more than six months. I immediately left the U.S. and now wish to apply for a waiver to the 3-year bar so I can return H-4. Is there a particular form I need to fill to file this waiver application?

Answer There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
10 Sep 2025

I was in H-4 status and have an H-4 visa stamp in my passport. A few months ago, my husband was laid off and we both changed to B-2 status. He now has a new job, so he changed back to H1B, and I returned to H-4 status. Can I still use my existing H-4 visa stamp?

Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...

07:18 / B-2 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Travel / Visitor / Worker
28 Aug 2025

USCIS Updates Guidance on Discretionary Factors in Immigration Benefit Adjudications

The U.S. Citizenship and Immigration Services (USCIS) published policy guidance on 19.Aug.2025, updating the factors officers may consider when exercising discretion in certain immigration benefit requests. The update emphasizes negative discretionary weight for applicants with connections to “anti-American” or terrorist organizations. Understanding Discretionary Analysis Many immigration benefit...

11:44 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Medical / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker
12 Aug 2025

My son is on H-4 and recently was granted an extension valid through 2027. He turns 21 at the end of this year. Can he remain in H-4 status through the expiration date listed on his I-94?

Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

17:26 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...

07:56 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Visitor / Worker
23 Jul 2025

My application to change status to H-4 is currently pending. Can I change to a new H1B employer while my spouse’s change of status is still pending?

Answer Yes, the H-4 application is not tied to the H1B worker’s employer. As long as the H1B spouse has maintained valid status, the other spouse normally is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (22.Jul.2025)Sheela Murthy and other...

07:47 / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Worker