22 Aug 2024

USCIS Starts Accepting Applications for Keeping Families Together Program

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024As was recently indicated in MurthyDotCom's NewsFlash! Filing Guide Released for Parole in Place Program for Undocumented Spouses of U.S. Citizens (16.Aug.2024), the U.S. Department of Homeland Security (DHS) began accepting applications for...

21 Aug 2024

I am currently in the U.S. on H1B, and my visa stamp has expired. I am supposed to travel to Toronto for a short business trip. Is it true that I can go to Canada and come back without having to get a new visa stamp?

Answer Under the contiguous territory rule (also known as automatic visa revalidation or AVR,) a foreign national may be readmitted to the U.S. after traveling to Canada or Mexico for no more than 30 days. A more detailed explanation of this program is available in the...

21 Aug 2024

My mother and I entered the United States when I was a child. We were not legally admitted. After we arrived, my mother married a U.S. citizen. I think I meet all the eligibility requirements to apply for parole in place (PIP) under the new program. However, my mother passed away several years ago. Can I still apply for PIP?

Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

14 Aug 2024

I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?

Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...

14 Aug 2024

Many years ago, my U.S. citizen brother filed an I-130 petition for me. At the time, I was working in H1B status. But eventually, I got tired of waiting and left the U.S. I have just learned that my priority date soon will become current. What is the next step I should take to apply for a green card?

Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you would...

14 Aug 2024

I have an approved I-140 and my I-485 has been pending for more than 180 days. I understand that I am allowed to port my case to a same-or-similar position. Is this allowed for a position where I would be self-employed?

Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...