08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

22 Mar 2021

April 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) has launched a new monthly program on YouTube, to allow Charlie Oppenheim, Chief of the Visa Control and Reporting Division, to provide insight and predictions related to the visa bulletin. This month, Mr. Oppenheim provides some updated predictions for...

10 Mar 2021

USCIS to Allow Certain I-485 Derivative Applicants to Re-file Rejected Applications

In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part...

15 Feb 2021

2021 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

22 Dec 2020

USCIS Extends Flexibility for Responding to Requests Until Jan 31, 2021

The U.S. Citizenship and Immigration Services (USCIS) has again extended the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through January...

03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...