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07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
17 Aug 2023

I last entered on advance parole. My online I-94 shows my class of admission as “DA” and it expires in a few months. What does DA mean, and do I need to apply for an extension?

Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...

06:50 / FAQs / For Individuals / Resident / Travel
14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

10:18 / Consulates / EB5 Investor / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
03 Aug 2023

I’m in the U.S. on a B-1/B-2 visa for a business trip. I need to go to Canada for a couple of weeks and then return to the U.S. Will I be readmitted for a full 6-month period when I come back?

Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the U.S.,...

06:32 / FAQs / For Individuals / Travel / Visitor
20 Jul 2023

Last year, my mother came to the U.S. on her B-2 visa and stayed here for 6 months. She is now hoping to come back to the U.S. to attend a wedding, but this travel is not critical. How long does she need to wait before coming back to visit on B-2?

AnswerThere is no set length of time that a person must wait to request readmission on a B-1/B-2 (or B-2) visa. However, U.S. Customs and Border Protection (CBP) officers at the port of entry always have discretion to admit (or deny admission to) a person...

07:01 / FAQs / For Individuals / Homeland Security / Travel / Visitor
13 Jul 2023

Last year, I was laid off by my H1B employer, so I returned to my home country. The employer withdrew my H1B petition and, on the USICS website, it shows that my petition has been revoked. I recently got a job offer and the H1B petition was approved. Can I enter using my existing visa stamp?

Answer Typically, if an H1B visa "stamp" is facially valid / unexpired, it can be used, along with an approved H1B petition, to request admission in H1B status. The fact that the previous petition has been withdrawn by your prior employer normally would have no impact...

07:35 / FAQs / For Employers / For Individuals / Travel / Worker
13 Jul 2023

I am a naturalized U.S. citizen. My father is ill, and I am going to travel back to India to take care of him. I may be gone for an extended period. Do I have to inform the USCIS?

Answer An extended stay abroad normally would have no impact on one's status as a U.S. citizen. There is ordinarily no need to notify the USCIS of travel abroad, even if it will be for an extended period. (13.Jul.2023)Sheela Murthy and other senior attorneys provide guidance...

07:32 / Citizen / FAQs / For Individuals / Travel