07 May 2019

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...

15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

01 Apr 2019

I am in H1B status and am in the process of applying for a green card. If a doctor gives me a prescription for medical marijuana, will that impact my green card case?

Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana for...

28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...