07 Nov 2024

USCIS and DOS Policies Impacting People with Unlawful Presence and Advance Parole

As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...

07 Oct 2024

Murthy Snapshot: USCIS Clarifies Guidance on EB1(a) Extraordinary Ability Criteria

On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a policy alert for the USCIS Policy Manual, to clarify how certain eligibility criteria will be evaluated under the employment-based, first preference (EB1) category for persons of extraordinary ability. An overview of the...

19 Sep 2024

Overview of I-140 Downgrade from EB2 to EB3 Preference Category

Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...