Answer The SB1 is a returning resident immigrant visa; if an SB1 application is approved, it can be used by a green card holder to return to the U.S. following a stay abroad that lasted longer than one year, or beyond the validity period of the...
Answer There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...
Answer In order to be eligible for a family-based green card, the family relationship generally must still exist. Thus, once a divorce is finalized, the case typically cannot continue. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer While a visitor is not legally prohibited from coming to the U.S. while an I-130 is pending, the immigration officers at the port of entry could have concerns and deny admission. It would be a good idea to set up a consultation on this topic....
Answer The civil surgeons who complete the medical exams for I-485s are all in the United States. So, if the RFE is a typical I-485 RFE for an updated medical, it is going to be necessary to get the exam completed in the U.S. (The panel...
Answer A GC holder can file a family-based petition for his or her spouse. These petitions fall under the FB2A category, so there is a bit of a backlog in visa availability. There typically is no way around that until the GC holder becomes a U.S....
Answer The beneficiary of an I-130 petition is not automatically prohibited from entry on valid a valid B-1/B-2 visitor visa. That being said, U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign...
Answer No, the family-based GC categories specify relatives for which one can file. It is not possible to have fact- specific qualification based upon closeness of the relationship (like an aunt / grandmother that raised someone) or financial / other dependence. (30.Nov.2015)In frequent sessions of our...
Answer Whether you are eligible for unemployment benefits is a matter of state law. But, if one is eligible, taking such benefits does not create immigration public charge issues. Unemployment is insurance; it is not a "means tested public benefit." (23.Nov.2015)In frequent sessions of our...
Answer People are allowed to travel on H1B, H-4, L-1, or L-2 (as well as advance parole) without disrupting the pending I-485. If any other status is held, travel should wait for the AP. (16.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
