Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the H1B worker is laid off, it likely will be necessary to stop working until the EAD is issued (or an H1B change of employer petition is filed). (19.Nov.2025)Sheela Murthy...
The Trump Administration has directed the U.S. Department of State to issue new guidance directing consular officers to consider a significantly expanded range of health conditions when evaluating visa applications, including common chronic conditions such as diabetes, cardiovascular disease, obesity, and mental health conditions. Although...
Answer Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a...
Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, one does not need to file a separate petition for these family members. (30.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
In a significant policy shift, U.S. Citizenship and Immigration Services (USCIS) has announced its plan to eliminate the ability to pay filing fees using personal checks, money orders, or other forms of paper payments, with few exceptions. For decades, these paper-based payments have been a...
Answer As a general matter, children age out at 21 years of age and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes...
The U.S. Citizenship and Immigration Services (USCIS) published policy guidance on 19.Aug.2025, updating the factors officers may consider when exercising discretion in certain immigration benefit requests. The update emphasizes negative discretionary weight for applicants with connections to “anti-American” or terrorist organizations. Understanding Discretionary Analysis Many immigration benefit...
The U.S. Citizenship and Immigration Services (USCIS) Policy Manual was recently updated, providing guidance related to family-based petitions. This update explains and clarifies eligibility criteria, filing procedures, interview scheduling, and other issues. Most notable is the USCIS decision to issue notices to appear (NTAs) –...
On 08.Aug.2025, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance in the USCIS Policy Manual, rescinding the policy that allows a child’s age calculation under the Child Status Protection Act (CSPA) sometimes to be based on the more favorable dates-for-filing chart (Chart B),...
Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...
