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28 Apr 2021

My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?

Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that...

20:27 / Citizen / Family Based / FAQs / For Families / For Individuals / Immediate Relative / Immigrant Family / Resident
08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

08:53 / AOS/CP (Family) / B-2 / Family Based / FAQs / For Individuals / Resident / Travel / Visitor
22 Mar 2021

April 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) has launched a new monthly program on YouTube, to allow Charlie Oppenheim, Chief of the Visa Control and Reporting Division, to provide insight and predictions related to the visa bulletin. This month, Mr. Oppenheim provides some updated predictions for...

12:27 / Consulates / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin / Worker
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...

11:32 / AOS/CP / Employment Based / Family Based / For Families / For Individuals / NewsBrief / Resident / USCIS News / Worker
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...

12:14 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
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...

12:53 / Employment Based / FAQs / For Employers / For Individuals / Legislation / Resident / Worker