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06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

08:31 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
05 May 2021

Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19

President Biden's Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice.Importantly, this prohibition on entry has...

17:51 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Worker
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
22 Apr 2021

My H1B extension was approved, but my wife’s H-4 and H-4 EAD applications are still pending. If I file a new I-539 and I-765 for her, will she have to do biometrics again?

Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...

11:01 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
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
01 Apr 2021

I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?

Answer Getting married to a person with a green card would have no direct impact on one's F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent. (01.Apr.2021)Sheela...

08:30 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student
01 Apr 2021

I need to get an English translation of a document that I am submitting to the USCIS. Can anyone translate the document, or do I have to hire an official translation service?

Answer Per the USCIS policy manual, "any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from...

08:26 / FAQs / For Employers / For Families / For Individuals / Resident