Answer One is normally permitted to remain in the U.S. in a "period of authorized stay" based on a pending I-485. (25.Sep.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
On September 1, 2017, the U.S. Department of State (DOS) revised its Foreign Affairs Manual (FAM) policy guidance to consular officers regarding "misrepresentation" under the Immigration and Nationality Act (INA) § 212(a)(6)(C)(i). In particular, the DOS changed its policy on when a consular officer can...
The U.S. Citizenship and Immigration Services (USCIS) has approved 10,000 U visa petitions for fiscal year (FY) 2017, the maximum allowed per year by law under this category. The U visa is reserved for victims of certain types of crime who cooperate with law enforcement...
Answer The USCIS announcement about the resumption of interviews for Employment-Based Adjustment Applications, starting in October 2017, is not actually a new policy but resumption of an old policy. It used to be that it was standard for all I-485 applications to be scheduled for interview...
As expected, President Trump signed a bill into law on Friday, September 8, 2017, to fund the federal government through December 8, 2017. The bill includes numerous other provisions, including emergency disaster relief funding, as well as the extension of the employment-based, fifth preference (EB5)...
Multiple reports from attorneys across the country have indicated that the U.S. Customs and Border Protection (CBP) has a new policy prohibiting attorneys from entering secondary inspection areas at U.S. ports of entry (POEs) to meet or accompany clients. Although there has been no official...
Answer The 60-day grace period should apply, even if the employer withdraws the H1B petition (which causes the USCIS to revoke the petition.) (11.Sep.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer USCIS memoranda permit the filing of the I-751 'waiver' application as soon as the divorce is filed. The USCIS will eventually issue a request for evidence for the final divorce decree, which is needed prior to approval. (11.Sep.2017)In frequent sessions of our Chat, Sheela Murthy...
Answer Generally speaking, one may continue to work in the H1B position until the H-4 COS is approved. Once the COS is approved, one typically may not work until the EAD is issued. Sometimes, the EAD is issued around the same time as the COS approval....
Answer Each EB5 applicant must independently invest $500,000 of his or her own money and create 10 new U.S. jobs. (The applicant's spouse and minor children are included in the application, however). (11.Sep.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
