28 May 2020

Are there any updates on President Trump issuing an executive order to restrict H1B workers? Will it impact my H1B cap case?

Answer Forbes reported today that the Trump Administration is expected to issue an executive order "soon" that would impact certain high-skilled nonimmigrant workers. The presumption is that, if such an order were to be issued, it would focus on foreign nationals requesting admission, as opposed to...

28 May 2020

I read that the USCIS is going to resume in-person biometrics appointments soon. Does that mean the consulates are also being opened for visa appointments?

Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates.The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in each country...

27 May 2020

NewsFlash! USCIS Plans to Resume In-Person Services on 04.Jun.2020

The U.S. Citizenship and Immigration Services (USCIS) announced today that routine in-person services at its field offices, asylum offices, and application support centers (ASCs) will resume on June 4, 2020. Per the announcement, the USCIS is following guidelines set by the Centers for Disease Control...

30 Apr 2020

I have a green card and went to India in Nov ’19, planning on spending about five months with my family. But, with the ongoing outbreak, it seems I will be here for more than six months. Will this put my green card in jeopardy?

Answer Depending on the circumstances, if a lawful permanent resident, or "green card holder," takes an extended trip abroad, this can be interpreted to mean that the person has abandoned his or her residency in the United States. There is a presumption of abandonment when one...

09 Apr 2020

I am a British citizen, and entered the U.S. using ESTA. My I-94 was issued through the end of April, but now it appears I may be stuck in the U.S. for a bit longer due to the epidemic. Can I extend my stay?

Answer Ordinarily, a person admitted via ESTA is limited to 90 days in the U.S., without the ability to extend or change status. However, under these unprecedented circumstances, there are some options. First, U.S. Customs and Border Protection (CBP) has advised that people admitted via ESTA...

09 Apr 2020

My mother’s B-2 I-94 is about to expire, and she would like to apply for an extension of stay because of COVID-19. She does not know how long she will have to stay, so she has not yet purchased a new return ticket home. Is a return ticket required to apply for an extension of B-2?

Answer A return ticket is not required to apply for a B-2 extension. It can be helpful in many circumstances; but, given the COVID-19 outbreak, it seems unlikely the USCIS will make an issue of this. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies...