26 Aug 2021

USCIS Updates Policy on Children Born Using Assisted Reproductive Technology

The U.S. Citizenship and Immigration Services (USCIS) has revised its policy related to the definition of a parental relationship. The USCIS will now recognize a parent-child relationship for children born abroad using assisted reproductive technology (ART), as long as the child's parents were married at...

04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

29 Jul 2021

I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...

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)...

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...

15 Jul 2021

I have a pending I-485 based on my husband’s approved I-140. We are currently separated, and it will take many months before the divorce can be finalized. Will this impact my green card case?

Answer If the divorce is finalized before the I-485 is approved, your case should be denied by the USCIS. However, if the green card is issued before the divorce is official, the divorce typically would have no impact on the green card.  (15.Jul.2021)Sheela Murthy and other...

05 Jul 2021

July 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions for the rest of fiscal year 2021 (FY21), which runs through September 30,...