09 Apr 2018

I am unable to get a birth certificate. Can I use affidavits instead for my I-485 application?

Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

02 Apr 2018

My application to become a U.S. citizen is pending, and my green card will soon expire. Citizenship is in process, if green card expires, is there a quick process to get a temporary extension on green card?

Answer Ordinarily, if your green card is going to expire within six months of applying for naturalization (form N-400), you are expected to also apply for an I-90 (green card renewal). If you have applied for naturalization more than 6 months before the expiration of your...

02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

29 Mar 2018

U.S. Supreme Court Says INA Does Not Grant Right to a Bond Hearing for Immigration Detainees

The U.S. Supreme Court recently ruled in Jennings v. Rodriguez that noncitizens, including lawful permanent residents (i.e. "green card" holders), who are detained by immigration officials while their immigration removal proceedings are pending do not have a right to be released on bond. Summary of the...

28 Mar 2018

April 2018 Visa Bulletin Check-In: Cause of Relatively Quick Priority Date Movements

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the April 2018 Visa Bulletin, Mr. Oppenheim explains the relatively large movement of cutoff dates in several oversubscribed employment-based categories....

26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

23 Mar 2018

NewsFlash! President Trump Signs Bill Funding Federal Government Through September 2018

This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...

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