08 Oct 2020

I am filing my I-485 this month for me and my whole family based on the EB3 dates for filing chart. My daughter is almost 21 years old. Will this protect her from aging out?

Answer Unfortunately, filing an I-485 based on the dates for filing chart is not sufficient to prevent a child from aging out. That rule only applies when the I-485 is being filed based on the (less favorable) final action chart. To determine whether your child will...

01 Oct 2020

Overview of Coming Changes to Premium Processing

On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and...

29 Sep 2020

NewsFlash! Federal Court Blocks USCIS From Implementing Scheduled Fee Increase

Today, a federal district court issued a preliminary injunction, which blocks the U.S. Citizenship and Immigration Services (USCIS) from implementing a final rule that would have significantly increased most filing fees. This final rule was scheduled to go into effect on October 2, 2020. Copyright ©...

10 Sep 2020

My father is visiting on B-2 and he was scheduled to depart at the end of March. Due to the pandemic, he had to stay in the U.S., so he filed for a 6-month extension of his B-2 before his I-94 expired. That case is still pending, he is still unable to travel, and the requested end date has nearly arrived. Can he file for another extension?

Answer Yes, ordinarily, it is possible to file for a B-2 extension while the previous B-2 extension is still pending. (10.Sep.2020)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 ©...

03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

27 Aug 2020

Immigration Benefits After Death of Qualifying Relative

204(l) of the Immigration and Nationality Act (INA) governs the eligibility for certain continued immigration benefits to surviving family members through a deceased qualifying relative. 204(l) applies to the principal and any derivative beneficiaries of a pending or approved family-based visa petition, any derivative beneficiaries...

26 Aug 2020

My husband’s H1B extension is pending, as is my H-4 extension. Do I have to wait for the H1B to be approved before applying for an H-4 EAD?

Answer Assuming you meet all the other requirements for an H-4 EAD, it typically is possible to file the EAD application while the H1B and H-4 extensions are still pending. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...