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24 Mar 2022

I have a B-1 visa in my passport. A company in the U.S. submitted an H1B registration for me. If the registration is selected, can I enter the U.S. on the B-1 so the employer can file the petition requesting a change of status?

Answer Ordinarily, a person may not enter the U.S. in B-1 status with the intention of then applying for a change to H1B status.  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:45 / FAQs / For Individuals / Travel / Visitor / Worker
17 Mar 2022

I have a friend in Ukraine who recently fled to a neighboring country. Are there any special visa options she may have to come stay with me for a time in the U.S.?

Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa.One option may be to apply for a B-1/B-2 visa. One hurdle with this option is that the...

08:15 / Consulates / FAQs / For Individuals / Student / Travel / Visitor
24 Feb 2022

My mother came to the U.S. in B-2 status. She now wishes to extend her stay for four months. However, the B-2 visa stamp in her passport expires in two weeks. Is that going to create a problem?

Answer No, the expiration date of the B-2 visa "stamp" should not create a problem in applying for an extension of B-2 status. The visa is an entry document and normally needs to be valid at the time the person is requesting admission in B-2 status....

07:41 / FAQs / For Individuals / Visitor
18 Nov 2021

I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

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...

08:48 / Consulates / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
22 Jul 2021

I recently was granted an emergency appointment by the consulate to apply for a B-2 visa. Does that mean that my national interest exception (NIE) will be granted?

Answer No, being granted an emergency appointment does not necessarily mean that an NIE will be granted. (22.Jul.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, MURTHY LAW...

09:46 / Consulates / FAQs / For Individuals / Travel / Visitor
08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

08:53 / AOS/CP (Family) / B-2 / Family Based / FAQs / For Individuals / Resident / Travel / Visitor
18 Mar 2021

My father is in the U.S. in B-2 status, and his I-94 expires in a couple of weeks. His B-2 visa stamp expires next month. If he applies for a B-2 extension, can he request an end-date beyond the expiration date of the visa stamp?

Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...

09:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Visitor
18 Mar 2021

I am filing an I-539 application to request an extension of B-2 status. Do I need to include an I-134 form with my application?

Answer No, an I-539 applicant is not normally required to include an affidavit of support (form I-134) with the application. (18.Mar.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 ©...

09:06 / FAQs / For Individuals / Visitor