Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if...
Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...
Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...
Answer There is no family-based category that enables a U.S. citizen to sponsor a cousin for a green card. (26.Aug.2021)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 © 2021,...
Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...
Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...
Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...
Answer If the divorce is finalized before the I-485 is approved, your case should be denied by the USCIS. However, if the green card is issued before the divorce is official, the divorce typically would have no impact on the green card. (15.Jul.2021)Sheela Murthy and other...
Answer It is true that the family-based category is severely backlogged. But, if your brother is married, your mother would have to wait until she is a citizen to sponsor him. Even if he does not marry, the general recommendation would be to sponsor the sibling...
Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...
