02 Apr 2018

My application to become a U.S. citizen is pending, and my green card will soon expire. Citizenship is in process, if green card expires, is there a quick process to get a temporary extension on green card?

Answer Ordinarily, if your green card is going to expire within six months of applying for naturalization (form N-400), you are expected to also apply for an I-90 (green card renewal). If you have applied for naturalization more than 6 months before the expiration of your...

02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

29 Mar 2018

U.S. Supreme Court Says INA Does Not Grant Right to a Bond Hearing for Immigration Detainees

The U.S. Supreme Court recently ruled in Jennings v. Rodriguez that noncitizens, including lawful permanent residents (i.e. "green card" holders), who are detained by immigration officials while their immigration removal proceedings are pending do not have a right to be released on bond. Summary of the...

28 Mar 2018

April 2018 Visa Bulletin Check-In: Cause of Relatively Quick Priority Date Movements

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the April 2018 Visa Bulletin, Mr. Oppenheim explains the relatively large movement of cutoff dates in several oversubscribed employment-based categories....

26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

23 Mar 2018

NewsFlash! President Trump Signs Bill Funding Federal Government Through September 2018

This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...

21 Mar 2018

Government Faces Yet Another Possible Shutdown After March 23, 2018

Congress must pass a spending bill to extend government operations by midnight of March 23, 2018, or else another temporary shutdown of the federal government will go into effect. A government shutdown at this time would be especially problematic because H1B cap season is upon...

13 Mar 2018

April 2018 Visa Bulletin: Cutoff Date Set for EB1 India and China, EB3 India Surges Forward

The U.S. Department of State (DOS) has released the April 2018 Visa Bulletin. The most notable changes are that cutoff dates have been imposed in the employment-based, first preference (EB1) category for India and China, and that there is considerable movement in the employment-based, third...

12 Mar 2018

My green card is about to expire, and I am waiting to be scheduled for my U.S. citizenship oath. Do I need to renew my green card in order to be eligible to take the oath?

Answer The "green card" itself is only proof of one's status - its expiration does not affect one's status as a lawful permanent resident (LPR). Therefore, the expiration should not affect the citizenship application. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...