07 May 2018

May 2018 Visa Bulletin Check-In: Short-Term Predictions

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the May 2018 Visa Bulletin, Mr. Oppenheim only provides some very minor, short-term predictions. Family-Based Preference Categories For most family-based (FB) preference...

23 Apr 2018

I am on H1B. Is there any way to have my mother accompany me to the U.S. as my dependent?

Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...

09 Apr 2018

I am unable to get a birth certificate. Can I use affidavits instead for my I-485 application?

Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

02 Apr 2018

I am in H-4 status and am in the process of getting a divorce from my H1B husband. How many days may I remain in the U.S. once my divorce is finalized?

Answer There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won't...