The U.S. Citizenship and Immigration Services (USCIS) has updated the USCIS Policy Manual with additional guidance that expands the extraordinary circumstances exception to the Child Status Protection Act's (CSPA) "sought to acquire" requirement. This update stems from a February 14, 2023, policy update that expanded...
Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Many foreign nationals hold some mistaken beliefs related to the employment authorization document (EAD). Laws and regulations that govern employment through the EAD may differ substantially from the rules that govern work authorization provided by nonimmigrant status, such as H1B. Foreign nationals must make efforts...
Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...
The Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS) is responsible for conducting site visits, when needed, at the homes of married couples in spousal permanent residence ("green card") cases. This is an effort to identify and investigate...
Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...
The U.S. Department of Homeland Security (DHS) has extended the temporary protected status (TPS) designation of Ukraine for an additional eighteen months, to April 19, 2025. Following the Russian invasion of Ukraine, TPS designation was initially granted, as explained in the MurthyDotCom NewsBrief, DHS Opens...
Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...
It is not uncommon to hear of situations where a pregnant lawful permanent resident (LPR) or green card holder who travels abroad for temporary travel and gives birth while outside the United States. The newborn does not have a green card or other U.S. travel...
Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...
