The U.S. Department of Homeland Security (DHS) has designated Nepal for temporary protected status (TPS) in the wake of devastating earthquakes that occurred in April and May 2015. Nationals of Nepal who "…have been both 'continuously physically present' and 'continuously residing' in the United States since...
The option for qualifying H-4 spouses to apply for employment authorization documents (EADs) began May 26, 2015. Although it was widely expected that it would take several months for the first approval notices to arrive, the Murthy Law Firm is happy to report that at...
The U.S. Supreme Court issued a decision on June 15, 2015, in Kerry v. Din, a case that involved the doctrine of consular nonreviewability. Consular nonreviewability protects the decisions of U.S. consular officers, including approvals and denials of visa applications, from review by U.S. courts....
Answer Yes, a person who is visibly pregnant is allowed to enter the U.S. in H-4 status. This is not the same as a person on a tourist visa just trying to get U.S. citizenship and/or U.S. medical services for the baby. It is important to...
As of June 15, 2015, the U.S. Citizenship and Immigration Services (USCIS) discontinued the online filing option for the application to extend / change nonimmigrant status (I-539 form). These changes were implemented due to USCIS updates to both the I-539 and the notice of entry...
A nationwide, class action lawsuit has been filed against the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) for delays in the adjudication of employment authorization documents (EADs). This lawsuit, captioned Northwest Immigrant Rights Project (NWIRP) v. USCIS, asserts...
As discussed in Part 1 of this article, the U.S. Citizenship and Immigration Services (USCIS) finally published answers to frequently asked questions (FAQs) on May 20, 2015, explaining the new regulation that allows certain H-4 spouses to apply for employment authorization documents (EADs). In this second...
Foreign nationals with long-pending adjustment of status applications (form I-485) should anticipate being issued requests for evidence (RFEs) as the visa bulletin cutoff date approaches the priority dates of their respective cases. These RFEs typically request submission of updated I-485 eligibility documentation, including new medical...
The U.S. Immigration and Customs Enforcement (ICE) released a final rule that will now make it possible for dependents of F-1 and M-1 students to study in the United States on a limited basis. Effective May 29, 2015, F-2 and M-2 spouses and children will be...
As expected, a federal court has denied a motion for a preliminary injunction filed in an effort to block the new regulation granting qualifying H-4 spouses the ability to apply for employment authorization documents (EADs). This decision, issued on Sunday, May 24, 2015, does not...
