28 Aug 2025

USCIS Updates Guidance on Discretionary Factors in Immigration Benefit Adjudications

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...

27 Aug 2025

An RFE was issued on my I-140. If it is denied, can I still use my approved PERM to file with a new employer?

Answer No. An approved PERM labor certification is employer-specific and normally cannot be transferred. The new employer would need to file their own PERM application. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

20 Aug 2025

My employer just obtained the prevailing wage for my PERM and is about to start recruitment. Am I allowed to travel?  

Answer Neither the PERM labor certification process nor I-140 petition imposes any travel limitations on the sponsored employee. Travel considerations typically become a concern when the employee is pursuing the actual green card application process. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

20 Aug 2025

I became a conditional permanent resident through the EB5 program. Does time spent as a conditional resident count toward the 5-year requirement to apply for U.S. citizenship?

Answer Yes, time spent as a conditional permanent resident counts toward fulfillment of the requirements to apply for U.S. citizenship. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright ©...

18 Aug 2025

USCIS Updates Policy Manual for Family-Based Immigrant Petitions

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) –...

12 Aug 2025

I have heard stories of people with a pending I-485 application being put into deportation proceedings. Aren’t you allowed to stay in the U.S. based on a pending I-485?

Answer Generally speaking, a person with a pending I-485, who is not maintaining their underlying nonimmigrant status, is considered to be in a period of authorized stay. Unfortunately, we have received reports that the Trump Administration is putting some people in this situation in removal (i.e.,...