It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later "upgrade" to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many,...
The U.S. Department of Homeland Security (DHS) has a centralized traveler redress program intended to help individuals who have had problems during the travel screening process. The program, known as the DHS Traveler Redress Inquiry Program, or “DHS TRIP,” provides a single point of contact...
Foreign nationals frequently are confused by the specific instructions found in certain denial decisions issued in response to their immigration filings. The standard language used by these government agencies is often wrongly perceived as either requiring or recommending specific action. The terminology discussed here is...
Answer No, being granted an emergency appointment does not necessarily mean that an NIE will be granted. (22.Jul.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2021, MURTHY LAW...
Answer Normally, it is possible to apply for a B-2 visa while one's I-130 is pending. However, there is a risk that the consulate could deny issuance of the B-2 based on immigrant intent. The risk of denial typically would increase if the I-130 was filed...
Current trends with visa issuance at the consulates and dropbox and issues at the port of entry after travel are the topics for discussion by Murthy Law Firm attorneys in this podcast, recorded April 07, 2021.The MP3 is available here, and is listed in the...
With the ongoing COVID-19 pandemic, the availability of visa services at U.S. embassies and consulates abroad remains limited. The severity of backlogs in visa interviews varies based on epidemic control protocols of each country. U.S. embassies and consulates are taking the necessary precautions to protect...
Foreign nationals requesting admission to the United States and indeed, even U.S. citizens, may face additional scrutiny at the United States border. This includes the physical border itself or the functional equivalent of the border such as an international airport, port of entry, or border...
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...
Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...
