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. But, the issue is how the individual is going to be able to return. If the applicant is relying on the AP document,...
Answer Yes, it would be possible to file a change or extension of status to H-4 even if an H1B amendment is pending. (20.Jul.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
The U.S. Citizenship and Immigration Services (USCIS) is demanding the return of employment authorization documents (EADs) issued to certain foreign nationals enrolled in the Deferred Action for Childhood Arrivals (DACA) program. The EADs in question were inadvertently issued by the USCIS after February 16, 2015,...
On June 26, 2015, the U.S. Supreme Court ruled that, pursuant to the individual liberties protected by the constitution of the United States, all U.S. states must permit same-sex marriages. Although this case did not directly deal with immigration law, it nevertheless serves to expand...
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...
