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...
Answer One should be in the United States and in H-4 status to apply for an H-4 EAD. However, there is no prohibition on traveling abroad after the application is filed. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...
The proposed rule to terminate the program that allows certain H-4 spouses to obtain employment authorization is not expected to be published until at least June 2018. The rule was previously slated for publication in February 2018. The U.S. Department of Homeland Security is apparently...
The U.S. Department of State (DOS) has updated the Foreign Affairs Manual (FAM) with regard to how consular officers should analyze whether a foreign national will be considered a public charge. This update to the FAM also addresses the use of affidavits of support, which...
This morning, the U.S. Supreme Court refused the Trump Administration's request to hear a direct appeal of a federal district court's nationwide injunction blocking the termination of the Deferred Action for Childhood Arrivals (DACA) program. This means that, for the time being, those who had...
... Next month, I will be turning 21 and will no longer be eligible for H-4. What should I do? Answer You must apply for change of status to another nonimmigrant status for which you may be eligible, by your 21st birthday, in order to comply with...
