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19 Jan 2023

I am a U.S. citizen and am sponsoring my mother for a green card. Her case is being processed through the U.S. Embassy in Mumbai. Is she allowed to visit on her B-2 visa while the case is pending?

Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:52 / B-2 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
06 Apr 2022

I am in B-1/B-2 status and my I-94 will expire in a few weeks. I wish to extend my stay by one month so I can attend an important event. However, I read online that, to extend my status, I need to file the application at least 45 days before my status expires. Is that correct?

Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...

18:30 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor
08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

08:53 / AOS/CP (Family) / B-2 / Family Based / FAQs / For Individuals / Resident / Travel / Visitor
29 Sep 2016

CIS Ombudsman’s Updates on EAD and H1B Processing Delays

The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) held a teleconference on August 31, 2016 to discuss processing delays for certain types of cases. More specifically, the teleconference focused on adjudication delays of applications for employment authorization documents (EADs), change-of-status (COS) applications, and H1B petitions...

12:23 / B-2 / Employment Based / F-1 / For Employers / For Individuals / H1B / NewsBrief / Resident / Student / USCIS News / Visitor / Worker
22 Feb 2016

Sheela Murthy Meets with Senior Officials at U.S. Consulate in Chennai

Murthy Law Firm founder and president, Sheela Murthy, was in India in January 2016. A meeting was scheduled for the 22nd. Accompanied by team members from the firm's liaison office in Chennai, Murthy met with the Chief of the Nonimmigrant Visa Section, Lindsey L. Rothenberg,...

08:58 / B-1 / B-2 / Consulates / Family Based / For Employers / For Individuals / H1B / Immigrant Family / L-1 / NewsBrief / Resident / Travel / Worker