21 Aug 2019

Public Charge Ground of Inadmissibility Greatly Expanded

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published the final rule, Inadmissibility on Public Charge Grounds, that greatly expands the categories of public benefits considered in the determination of whether a foreign national may be deemed a public charge (i.e., a...

19 Aug 2019

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. "inadmissible") to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

07 Aug 2019

I applied for a visa stamp at the U.S. Consulate in Chennai, but was issued a 221(g). I submitted all the documents requested about 2 months ago, but still no word from the consulate. Do I have any options?

Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...

17 Jun 2019

I was in the U.S. in H1B status previously and I have an approved I-140. I am currently living in India. I applied for a job in the U.S., and the company wishes for me to come in for an in-person interview. What type of visa can I apply for, and what documents do I need from the U.S. company?

Answer Assuming that the company has not yet filed an H1B petition, the proper visa for one in this situation would normally be a B-1/B-2 "visitor" visa. This type of visa is not "sponsored." However, a letter from the company, on company letterhead, inviting one to...

10 Jun 2019

If the priority date for an employment-based immigration petition (I-140 form) becomes current, can the petitioner file an I-485 while s/he is in India working for the same company?

Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...

04 Jun 2019

DS-160 and DS-260 Now Require Social Media Information

The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an...