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17 Sep 2019

Proposed Rule to End H-4 EAD Program Delayed Until At Least Spring 2020

On September 16, 2019, representatives from the U.S. Department of Justice (DOJ) submitted a filing to the U.S. Court of Appeals for the District of Columbia Circuit, indicating that the U.S. Department of Homeland Security (DHS) is still actively working on a rule to terminate...

16:14 / Employment Based / For Employers / For Families / For Individuals / Government / H-4 Dependents / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
12 Sep 2019

I am working based on my H-4 EAD and was recently laid off. Will I be considered a public charge if I apply for unemployment benefits?

Answer Unemployment insurance payments (commonly referred to as "unemployment benefits") are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of "public charge," unemployment...

12:37 / FAQs / For Families / For Individuals / Government / Homeland Security / Resident / USCIS News / Worker
29 Aug 2019

My son and I became green card holders nearly 5 years ago. I am about to apply for U.S. citizenship. Do I need to file a separate application for my son?

Answer Generally speaking, children under 18 automatically acquire U.S. citizenship if three requirements are met: (1) The child must have U.S. lawful permanent resident status (“green card” holder); (2) at least one parent must be a U.S. citizen by birth or naturalization; and (3) the child...

11:39 / Citizen / FAQs / For Individuals / Immigrant Family / Resident
21 Aug 2019

I am currently in F-2 status, and am applying for a change to F-1 status. If the change-of-status application is denied, will my F-2 status be revoked?

Answer Ordinarily, if an application to change status is denied, this would not impact one's existing F-2 status. (21.Aug.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 chat participation, click here.Access...

13:38 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student
07 Aug 2019

I am filing a change-of-status application from H1B to H-4 shortly before my H1B I-94 expires. Can I stay in the U.S. while the application is pending, even after my I-94 expires?

Answer One who has timely filed for a change or extension of status normally would be permitted to remain in the U.S. until a decision on the application is issued. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker