21 Aug 2017

I am a U.S. citizen sponsoring my mother for a green card. Will non-availability of her birth certificate create problems for her case?

Answer This can definitely lead to the issuance of a request for evidence, because of the requirement that the parent-child relationship be proven. The USCIS will sometimes demand a DNA test in this situation. (21.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

14 Aug 2017

I am on H1B and have a pending I-485. I plan on moving to a new employer using AC21, and will work using my EAD, instead of H1B. Do I have to exit and reenter the country using advance parole prior to beginning at my new employer, so that I am not considered out of status?

Answer Travel would typically not be necessary. As soon as one leaves the H1B employer (without the filing of another H1B petition by the new employer), one is no longer in H1B status. But, based on the pending I-485, one generally would automatically fall into a...

10 Aug 2017

USCIS Denying Advance Parole Applications Based on Overseas Travel

In a recent trend, the United States Citizenship and Immigration Services (USCIS) has begun to deny advance parole (AP) applications (form I-131) for applicants who have traveled abroad before their applications are approved. This is in stark contrast to the previous, longstanding policy, which allowed...