15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

01 Apr 2019

I was born in India, but moved to England at the age of 3 and became a British citizen. Is it possible to use my country of citizenship in applying for a green card?

Answer Generally, one is counted against the country of birth (or spouse's country of birth), not country of citizenship.There are limited circumstances in which one's country of citizenship can be used - typically, this occurs when the child is born in a country where neither parent...

01 Apr 2019

I am in H1B status and am in the process of applying for a green card. If a doctor gives me a prescription for medical marijuana, will that impact my green card case?

Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana for...

25 Mar 2019

I applied for an H1B visa at the consulate, but was issued a 221(g) several months ago. The U.S. employer grew tired of waiting and fired me. My wife is in the U.S. in H1B status. Can I now apply for an H-4 visa?

Answer There is nothing preventing one in this situation from scheduling another interview and applying for an H-4 visa. You likely will be asked to withdraw the pending H1B, which is of little impact, as the job is no longer available anyway. (25.Mar.2019)In frequent sessions of...

18 Mar 2019

I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?

Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...

11 Mar 2019

USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as...

11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...