Answer A child would not be added to a pending I-485. However, if the priority date is current and the child is in the U.S., it typically would be possible to file an I-485 for the child. (25.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that...
The U.S. Department of State (DOS) has launched a new monthly program on YouTube, to allow Charlie Oppenheim, Chief of the Visa Control and Reporting Division, to provide insight and predictions related to the visa bulletin. This month, Mr. Oppenheim provides some updated predictions for...
Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...
The Biden Administration has designated Venezuela for temporary protected status (TPS), due to a severe political and economic crisis in that country. Effective March 9, 2021, TPS has been granted for a period of 18 months. Qualifying nationals of Venezuela living in the United States...
Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) is permanently ending enforcement of the public charge rule finalized by the Trump Administration in August 2019. This stems from successful legal challenges to the final rule, and the Biden Administration's decision to cease the federal...
Answer It appears most H1B workers will qualify.As with the previous stimulus bills, the American Rescue Plan Act of 2021 excludes "nonresident aliens," which is a term defined by tax law. Most H1B workers are considered "resident aliens" under tax law, and therefore not excluded from...
In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part...
Answer An EAD application cannot typically be filed based on an approved I-130 until the priority date is current and the I-485 application is filed. (04.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
On February 18, 2021, the U.S. Citizenship Act of 2021 (USCA) was introduced in both houses of Congress. This bill, which is modeled after a proposal laid out by President Joe Biden, would fundamentally transform the U.S. immigration system. However, this bill has a long...
Answer No, this is not correct. The 240-day rule does not apply to H-4 dependents, and it is not related to how long a person may stay in the U.S. Rather, the 240-day rule relates to work authorization in certain nonimmigrant categories, such as H1B, when...
