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06 Nov 2024

A couple of years after I naturalized to become a U.S. citizen, I went back to India to take care of my elderly father. It has now been more than ten years, and I am traveling back to the U.S. for the first time. Will this be an issue?

Answer Generally speaking, a U.S. citizen with a valid U.S. passport should be admitted to the United States, even after a prolonged absence from the country. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:43 / Citizen / FAQs / For Families / For Individuals / Travel
06 Nov 2024

Years ago, when I applied for an H1B visa stamp, I was assisted by a consultant who told me to submit a fake diploma to better meet the visa requirements. As a result, my visa was denied due to misrepresentation. The consular officer explained that it is a permanent inadmissibility ban unless it is waived. I am a citizen of Canada now and I would like to come to the U.S. for a conference. How do I apply for a nonimmigrant waiver?

Answer Ordinarily, a foreign national who is found inadmissible should apply for a nonimmigrant waiver when applying for a visa "stamp" at the consulate. Canadian citizens, however, are generally visa exempt. So, you likely can apply for your nonimmigrant waiver through U.S. Customs and Border Protection...

06:39 / Consulates / FAQs / For Individuals / Homeland Security / Visitor
31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

17:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
30 Oct 2024

I am a student in F-1 status. I received an eMail from the U.S. consulate that issued my F-1 visa stamp saying that my visa was revoked. Am I out of status now? Do I need to take any action?

Answer A revocation of a visa "stamp" does not impact one’s immigration status in the U.S. It means, however, that you would have to apply for a new visa to return to the U.S. after a trip abroad, even though your existing visa stamp may still...

10:18 / FAQs / For Individuals / Student / Travel
23 Oct 2024

Years ago, I did something foolish and was found inadmissible based on fraud / misrepresentation by CBP. I applied for a new visa and a waiver at the consulate, which was approved, and I returned to the U.S. to resume employment on H1B. I have been in the U.S. ever since. My priority date is now current for my employment-based green card case. Since I already had a waiver approved, can I file my I-485?

Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...

10:49 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
23 Oct 2024

My father is attending an immigrant interview in Mumbai, but he does not speak English very well. Can I go as an interpreter?

Answer Generally, no. Upon entry, a person at the consulate will inquire with the applicant if he needs the interview conducted in a language other than English. This post typically can provide translation services in Hindi, Gujarati, and Marathi. Translation services for other languages are subject...

10:37 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Travel
16 Oct 2024

I’m a U.S. citizen and am sponsoring my parents for green cards. They lived in a number of different areas within India over the years. Will they need to get police certificates from all the district police offices, or is it okay to just get it from the regional passport office?

Answer Generally speaking, for an immigrant visa petition being filed for consular processing for someone residing in India, only the police certificate from the regional passport office is required. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

10:45 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
16 Oct 2024

I mailed my application for advance parole on October 10, 2024. The next day, the USCIS released an updated form I-131, which went into immediate effect. Will the USCIS reject my application?

Answer The USCIS will accept filings using the 04/01/24 edition of form I-131 that are postmarked before October 11, 2024. (16.Oct.2024)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 ©...

10:43 / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / USCIS News