15 Aug 2016

I filed an application with the USCIS, but sent it to the wrong lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

01 Aug 2016

My 6 years on H1B is about to expire, but I have a newborn who was born premature and will be in the ICU for several months. Can my H1B be extended beyond 6 years based on my family’s medical needs?

Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...

09 May 2016

I am a U.S. citizen. My girlfriend is vising me on a B-2 tourist visa and we now wish to get married. Can we apply for adjustment of status, or is she required to leave the U.S. in order to apply for a green card?

Answer There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...

11 Apr 2016

I was enrolled in a J-1 clinical program, but I have not yet completed my 2-year home residency requirement. I am on F-1. Can I apply for change of status to a new J-1 clinical program?

Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...