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.,...
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 No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Yes, this normally would be allowed. Filing a family-based case generally 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 employment-based case cannot be used for a...
A federal district court ruled on 29.Jul.2025, that the current EB5 investment sustainment requirement will remain in place while the U.S. Citizenship and Immigration Services (USCIS) works on formal rulemaking to implement changes from the EB5 Reform and Integrity Act of 2022 (RIA). The decision...
Answer Unfortunately, the H-4 applicant typically must be physically in the United States at the time the H-4 EAD is filed. (29.Jul.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...
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...
Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...
Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Today, the U.S. Department of State (DOS) released the August 2025 Visa Bulletin. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no change in the EB1 category for August...
