The U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) proposed a rule that would further limit asylum eligibility. Under the current rules, a criminal conviction does not automatically make a person ineligible for asylum unless it is for a particularly...
Answer After completing 6 years in H1B status, in order to be eligible to reapply under the H1B cap (i.e., H1B lottery), one generally would need to be outside the United States for at least one year prior to the date the cap-subject H1B petition is...
Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...
The U.S. Department of State (DOS) has released the January 2020 Visa Bulletin. This month's visa bulletin also includes predictions for cutoff date movement in the coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Employment-Based,...
Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...
The Child Status Protection Act (CSPA) was enacted to preserve family unity. As explained in Part 1 of this article, the CSPA works to "freeze" the age of a qualifying child for immigration purposes. This second and final part focuses on how the CSPA works...
Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more FAQs here. Copyright © 2019, MURTHY LAW FIRM. All Rights...
One motivating factor for many people in the decision to immigrate to the United States is the potential opportunities for their children. For years, parents of children born abroad faced the possibility of family separation if their children turned twenty-one years of age prior to...
William Barr, the U.S. Attorney General, recently certified a decision on a case, Matter of Castillo-Perez, in which he ruled that a foreign national who has two or more convictions for driving under the influence (DUI) is presumed to lack "good moral character" (GMC). A...
Answer Ordinarily, a U.S. citizen child cannot sponsor his parents for a family-based green card until he reaches the age of 21. (04.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more FAQs here. Copyright...
