A derivative child in an employment-based immigration case does not necessarily lose eligibility for a green card upon reaching the biological age of 21. The Child Status Protection Act (CSPA) provides a special age calculation that may preserve the person’s classification as a “child,” provided...
The USCIS’s recent policy changes, which give officers greater discretion to deny petitions and applications without first issuing an RFE or NOID, are examined in a new ILW.com article by Murthy Law Firm Member Adam J. Rosen. Drawing on Matter of Rehman and the USCIS...
The Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register on August 25, 2026, proposing a new $103,265 fee for all H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption. The fee would be in addition...
The U.S. Department of State (DOS) has released the September 2026 Visa Bulletin. Cutoff dates across the employment-based and family-based categories generally hold steady from August 2026, with no forward movement or retrogression this month, but the DOS continues to caution that retrogression, or categories...
On August 18, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued extensive new policy guidance explaining how the agency will apply the public charge ground of inadmissibility. The guidance implements the Department of Homeland Security (DHS) final rule published on July 20, 2026, which...
In some cases, USCIS approves an employment-based Form I-485, Application to Register Permanent Residence or Adjust Status, but later determines that an immigrant visa number was not available when the application was approved. USCIS may then issue a Notice of Intent to Rescind (NOIR), even...
On August 5, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert revising its guidance regarding the evidence required with initial benefit requests and the circumstances under which officers may issue, or decline to issue, Requests for Evidence (RFEs), and Notices of...
When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members also may qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the...
Answer You may still have a conviction for immigration purposes. A conviction for immigration purposes can exist even if the court withholds adjudication and later dismisses the case, so long as the person entered a guilty plea, no contest plea, or admitted sufficient facts, and the...
The U.S. Department of State (DOS) has released the August 2026 Visa Bulletin. As fiscal year (FY) 2026 enters its final two months, the bulletin reflects limited movement across most employment- and family-based immigrant visa categories. While several categories advanced modestly, others remained unchanged or...
