15 Feb 2021

2021 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...

02 Feb 2021

Biden to Sign Three Immigration-Related Executive Orders Today

Today, President Joe Biden will sign three immigration-related executive orders (EOs). These EOs largely serve to undo various immigration policies and practices implemented by the Trump Administration. The first two EOs focus on the previous administration's efforts related to undocumented immigrants and asylum seekers, while...

21 Jan 2021

I have been working in the U.S. legally for many years, and still have years to wait to get a green card. If I become an illegal alien, will that help me get a green card faster under President Biden?

Answer There is a widespread misconception that President Biden has proposed providing green cards to undocumented immigrants at the expense of those working legally in the United States. In reality, President Biden has proposed a single bill that would both provide a path for undocumented immigrants...

07 Jan 2021

My mother was admitted in B-2 status in February 2020. Prior to her I-94 expiring, she applied for a B-2 extension. That case is still pending. Is it true that she can stay for 240-days based on the pending extension?

Answer The 240-day rule applies to the extension of employment authorization for certain categories of nonimmigrant workers. It does not apply to B-2 applicants. Typically, if an application to extend status is timely filed, the applicant may remain in the U.S. in a period of authorized...