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27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...

07:16 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Resident / USCIS News
22 May 2026

NewsFlash! USCIS Reinforces that Adjustment of Status is Discretionary – Not a Right

On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reminding its officers and the public that adjustment of status (AOS) under INA § 245 is an act of administrative grace, not an entitlement. Even applicants who satisfy every statutory...

12:01 / Employment Based / Family Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Immigration / NewsBrief / Resident / USCIS News
13 May 2026

June 2026 Visa Bulletin

The U.S. Department of State (DOS) has released the June 2026 Visa Bulletin. There is some forward movement in select employment-based categories, while certain employment-based categories for India retrogress. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise...

17:47 / Consulates / EB5 Investor / Employment Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Investor / NewsBrief / Resident / USCIS News / Visa Bulletin
12 May 2026

My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do?

Answer No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.2026)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...

07:18 / Consulates / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident
11 May 2026

MurthyAudio: CBP / Port of Entry Issues

Common issues that non-citizens face when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this podcast, broadcasted on 06.May.2026.The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find...

07:21 / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / MurthyAudio / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
06 May 2026

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

14:14 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
04 May 2026

Reclassification of Medical Marijuana Offers Limited Immigration Relief

The Trump administration has announced a significant shift in federal drug policy, reclassifying state‑licensed medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). This action, taken by the U.S. Department of Justice and the Drug Enforcement Administration (DEA) pursuant...

10:49 / Consulates / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Worker
22 Apr 2026

I was selected in the H1B lottery, but my registration listed a different work location than where I actually will be working. Can my employer file the H1B petition for the new location?

Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...

10:35 / FAQs / For Employers / For Individuals / USCIS News / Worker