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20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student
22 Sep 2022

My EB2 I-485 was approved a few days ago. My wife’s I-485, which is also based on my I-140, is still pending. My priority date will no longer be current in October. What happens if her case is not approved before October 1st?

Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife's case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other action...

06:54 / Employment Based / FAQs / For Families / Immigrant Family / Resident
29 Aug 2022

DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts

On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...

11:48 / Consulates / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker
22 Aug 2022

Changing from Adjustment of Status to Consular Processing

For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...

06:53 / Consulates / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / InfoArticle / NewsBrief / Resident
04 Aug 2022

USCIS Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...

07:07 / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker
07 Jul 2022

My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?

Answer Ordinarily, having a pending or approved I-140 would not impact a person's ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07:17 / FAQs / For Families / For Individuals / Immigrant Family / Resident