15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

08 Sep 2022

After completing my master’s degree, I applied for OPT. After working in OPT for a few days, I decided to go back and get a second master’s degree in a different field. Now that I am graduating, can I re-apply for OPT?

Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...

29 Aug 2022

DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts

On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...