Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...
Answer Unfortunately, permanent residents (i.e. "green card" holders) cannot sponsor siblings. One needs to be a U.S. citizen. Even then, however, the wait in this FB4 category is likely 20+ years. (16.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer Yes, the change of employer should not affect the validity of the EAD. However, if the I-140 has been approved for fewer than 180 days, the employer may still revoke it, making it impossible to extend the EAD. (09.Apr.2018)In frequent sessions of our Chat, Sheela...
Fifteen members of the U.S. Congress wrote a joint letter to the U.S. Department of Homeland Security (DHS) Secretary Kristjen Nielson in March 2018, urging her to reconsider the department's plan to terminate the program that allows certain H-4 spouses to obtain employment authorization documents...
Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...
Answer There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won't...
The U.S. Supreme Court recently ruled in Jennings v. Rodriguez that noncitizens, including lawful permanent residents (i.e. "green card" holders), who are detained by immigration officials while their immigration removal proceedings are pending do not have a right to be released on bond. Summary of the...
This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...
One of the most widely used features on the U.S. Citizenship and Immigration Services (USCIS) website is the My Case Status portal. As the name implies, this online tool allows a person to check the status of a pending petition or application by inputting the...
