Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...
Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...
On February 14, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual that significantly improves the protections offered by the Child Status Protection Act (CSPA). Per the new guidance, in certain circumstances, CSPA age determinations may be based...
Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...
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...
Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Typically, it is not permissible to apply for an H-4 EAD while the applicant is outside the United States. (12.Jan.2023)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 ©...
Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Many foreign nationals who are hoping to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or "charged," it is important to understand the options for favorable...
