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24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

12:34 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker
19 Jun 2024

I am a derivative child in a family-based case that was filed for my mother. My mother’s case is current on the dates for filing chart, and the National Visa Center has accepted our documents. Now, we’re waiting for the interview and for the date to become current on the final action chart. Is my age locked in now under the Child Status Protection Act?

Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

09:31 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
19 Jun 2024

I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?

Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:28 / B-1 / B-2 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
12 Jun 2024

I am in H1B status, and my wife had been in H-4 status. We recently discovered that, when she last entered the U.S., her I-94 was shorted based on her passport expiration date, so actually has been out of status for the past several months. We are working to resolve her issues. In the meantime, though, will her status violation impact my H1B extension of future green card case?

Answer No. A status violation by one spouse normally will not have a direct impact on the other spouse's H1B or green card case. (12.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

15:55 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

12:37 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
29 May 2024

I got married to a green card holder last year, and he sponsored me for a green card. The petition is still pending, but our marriage has been a very poor match, and we have already separated. When he withdraws the petition, will this prevent me from applying for a visa or green card in the future?

Answer Generally speaking, having an I-130 petition filed and then withdrawn would not prevent a person from applying for a visa or green card in the future. This information would have to be disclosed, as appropriate, however, such as on the DS-160, where it asks if...

13:16 / FAQs / For Families / For Individuals / Resident