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18 Nov 2021

I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...

08:48 / Consulates / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

08:41 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident
11 Nov 2021

The COVID-19 vaccine that I received is not included on the CDC list of acceptable vaccines. However, a few months ago, I was granted a national interest exception (NIE) to travel to the U.S. Can I still enter based on my NIE?

Answer No, it does not appear that admission will be granted based on an NIE issued during the COVID travel ban. The executive order does not specifically address this question, but a number of consulates have confirmed that the NIE program has been rescinded and replaced...

08:30 / Consulates / FAQs / For Families / For Individuals / Travel
28 Oct 2021

An employer in the U.S. filed an H1B cap case for me several months ago. At the time it was filed, I was living in India, and the employer asked for the consulate in Hyderabad to be notified if the petition is approved. Now, the petition has been approved, but I am working in Singapore. Can I get my H1B visa stamping done at the U.S. embassy in Singapore?

Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:07 / Consulates / FAQs / For Individuals / Travel / Worker
21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....

09:41 / Consulates / FAQs / For Individuals / Travel / Worker
04 Oct 2021

TN Status: Employment Option for Canadian and Mexican Citizens

Under the U.S.-Mexico-Canada Agreement (USMCA), qualifying Canadian and Mexican nationals can work in the United States in a wide range of positions under the USMCA professionals (TN) classification. Although the TN classification has some key limitations, in many cases it can provide employers with a...

11:20 / Consulates / For Employers / For Families / For Individuals / InfoArticle / Nonimmigrant Family / Options / Worker
29 Jul 2021

Visa Processing by NVC and Consular Posts During COVID-19 Pandemic

With the ongoing pandemic, there have been severe backlogs in immigrant visa processing at U.S. consular posts. The overwhelming majority of consular posts still have limited capacity to process immigrant visas. Due to the delayed visa interviews during the pandemic, the National Visa Center (NVC)...

07:46 / AOS/CP (Family) / Consulates / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

09:53 / Citizen / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
22 Jul 2021

I recently was granted an emergency appointment by the consulate to apply for a B-2 visa. Does that mean that my national interest exception (NIE) will be granted?

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...

09:46 / Consulates / FAQs / For Individuals / Travel / Visitor