30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

10 Dec 2020

Serious Immigration Consequences for Drug Use Despite State Law Changes

Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,...

07 Nov 2020

NewsFlash! Joe Biden Elected 46th President of the United States

This morning, Joseph R. Biden, Jr. secured enough electoral votes to win the 2020 presidential election. While President Trump is disputing the results, his claims of election fraud appear to be without merit, and have little chance of overturning the election. President-Elect Biden is expected...

01 Oct 2020

Overview of Coming Changes to Premium Processing

On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and...

06 Aug 2020

I applied for a change of status to B-2, but just realized that I forget to include the check for the biometrics fee. Will the USCIS issue an RFE for this fee, or will they just deny it?

Answer If the correct filing fee(s) are not included with an application or petition, the USCIS typically will reject the filing and return the entire package to the applicant or petitioner. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

13 Jul 2020

NewsFlash! Consulates May Begin Phased Resumption of Visa Services, Effective July 15th

The U.S. Department of State (DOS) has announced via Twitter that "[b]eginning July 15, US Embassies and Consulates may begin the phased resumption of routine visa services depending on local conditions." No further details have been provided.As previously reported, the consulates are not expected to...

30 Jun 2020

NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order

Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...