10 Mar 2021

USCIS to Allow Certain I-485 Derivative Applicants to Re-file Rejected Applications

In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part...

15 Feb 2021

2021 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

24 Dec 2020

I hear there is now the possibility of a government shutdown, starting next week. Is that true?

Answer Unfortunately, yes! Everyone thought the shutdown was averted after representatives from the White House negotiated a compromise deal with Congress for a spending bill, which included a stimulus package. However, after Congress passed the omnibus spending bill, Trump announced that he was not happy with...

22 Dec 2020

USCIS Extends Flexibility for Responding to Requests Until Jan 31, 2021

The U.S. Citizenship and Immigration Services (USCIS) has again extended the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through January...

03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

27 Aug 2020

Immigration Benefits After Death of Qualifying Relative

204(l) of the Immigration and Nationality Act (INA) governs the eligibility for certain continued immigration benefits to surviving family members through a deceased qualifying relative. 204(l) applies to the principal and any derivative beneficiaries of a pending or approved family-based visa petition, any derivative beneficiaries...