27 Nov 2019

I am a U.S. citizen, and I recently filed a family-based green card case for my sister, who is disabled. Is there a way to expedite the process based on her disability?

Answer It is possible to ask USCIS to expedite an I-130 petition. However, unless there is a compelling reason, the USCIS is likely to deny such a request. More importantly, even if the request is granted, this actually would not resolve your issue.There is an extensive...

27 Nov 2019

December 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the December 2019 Visa Bulletin, Mr. Oppenheim updates predictions for some of the employment-based categories, as well...

24 Oct 2019

DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds

On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered...

17 Oct 2019

I am a U.S. citizen, and I sponsored my brother for a green card a number of years ago. He recently got married. Can I now sponsor his wife, as well?

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, one does not need to file a separate petition for these family members. (16.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

11 Oct 2019

NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule

This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.The injunction specifically prohibits the...

10 Oct 2019

NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019

On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...

10 Oct 2019

NewsFlash! New USCIS Forms with New Public Charge Rule Required as of 15 Oct 2019

The new versions of forms I-129, I-539, I-864, and I-485 were posted on the U.S. Citizenship and Immigration Services (USCIS) website yesterday. The new I-944 (Declaration of Self-Sufficiency) form has also been put up. These forms now include the updated public charge rule. The USCIS...

27 Sep 2019

U.S. Senate May Allow Vote on Bill to Remove Per-Country Limits

Since its introduction, the Fairness for High-Skilled Immigrants Act (H.R. 1044 / S. 386) has been the subject of great interest and excitement within immigration circles. The bill would eliminate the per-country cap on employment-based green card petitions and increase the cap on family-based petitions....