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18 Nov 2021

I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...

08:48 / Consulates / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
18 Nov 2021

I am residing in Canada, but have an H1B job offer within driving distance. Can I live in Canada and commute to the U.S. each day to work in the H1B position?

Answer Yes, this is a fairly common situation. U.S. immigration law does not prohibit a person from residing in Canada (or Mexico) and regularly commuting to the U.S. to work in H1B status. (18.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:37 / FAQs / For Individuals / H1B / Travel / Worker
11 Nov 2021

The COVID-19 vaccine that I received is not included on the CDC list of acceptable vaccines. However, a few months ago, I was granted a national interest exception (NIE) to travel to the U.S. Can I still enter based on my NIE?

Answer No, it does not appear that admission will be granted based on an NIE issued during the COVID travel ban. The executive order does not specifically address this question, but a number of consulates have confirmed that the NIE program has been rescinded and replaced...

08:30 / Consulates / FAQs / For Families / For Individuals / Travel
11 Nov 2021

My wife is in the U.S. in H-4 status. I had been on H1B status, but suddenly had to travel overseas. My H1B visa stamp has expired. Can I return to the U.S. using my AP document?

Answer If the principal spouse enters on advance parole, then typically the dependent spouse is no longer eligible to maintain valid H-4 status. (11.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

08:27 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
04 Nov 2021

Presidential Proclamation Lifts Travel Bans and Imposes Vaccination Requirement

Effective November 8, 2021, the Biden Administration is rescinding the COVID-19 related travel restrictions based on several presidential proclamations. In its place, President Biden has issued a proclamation that requires nearly all nonimmigrant international air travelers to be fully vaccinated against COVID-19 before being admitted...

11:51 / For Individuals / Homeland Security / NewsBrief / Student / Travel / Visitor / Worker
28 Oct 2021

An employer in the U.S. filed an H1B cap case for me several months ago. At the time it was filed, I was living in India, and the employer asked for the consulate in Hyderabad to be notified if the petition is approved. Now, the petition has been approved, but I am working in Singapore. Can I get my H1B visa stamping done at the U.S. embassy in Singapore?

Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:07 / Consulates / FAQs / For Individuals / Travel / Worker
21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....

09:41 / Consulates / FAQs / For Individuals / Travel / Worker