On November 11, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum announcing that it has adopted the administrative appeals office (AAO) decision in Matter of V-S-G- Inc. The AAO decision recognized that, contrary to previous USCIS policy, a foreign national beneficiary, who...
Answer Assuming the person otherwise qualifies for an H-4 EAD, one generally may file an EAD application while the I-539 is still pending. A copy of the I-539 receipt notice should be included with the EAD application. (27.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer For I-485 purposes, the birth certificate is the more important document. One should be able to file if the birthplace listed on the birth certificate is accurate. The passport should be corrected at some point, but it is of secondary importance. (27.Nov.2017)In frequent sessions of...
Most months, Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions. There is precious little new information provided for the December 2017 Visa Bulletin. No updated predictions were provided for the...
Answer Normally, filing a family-based case would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e. The priority date from an EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
The December 2017 Visa Bulletin was released by the U.S. Department of State (DOS) this afternoon. As expected, the latest visa bulletin provides little-to-no relief to the heavily oversubscribed employment-based categories. There was no change at all in the dates for filing (DF) chart from...
Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Gifted money is acceptable. One would need a "gift letter" verifying that repayment is not required or expected, and one will need to be able to demonstrate in great detail how the person who provided the gift acquired the money. Also, if any gift tax...
The U.S. District Court for the District of Columbia issued a court order on October 27, 2017 to enjoin (i.e. prevent) the U.S. Department of Defense (DOD) from refusing to certify requests for certification of military or naval service (form N-426) for MAVNI (Military Accessions...
