23 Jul 2018

I filed my H-4 EAD extension a few months ago, but the application is still pending. When my current H-4 EAD expires, can I keep working while my extension is pending?

Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

18 Jul 2018

USCIS Notice to Appear (NTA) Memo Could Result in Harsh Consequences

On July 5, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA...

16 Jul 2018

I was issued a green card through my employer almost 5 years ago, and my wife received her green card as my dependent. If she applies for citizenship but I don’t, will that create any complications?

Answer Naturalization applications are individual applications. There is no requirement that all members of a family apply. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...

16 Jul 2018

My wife is invested in a partnership with a U.S. citizen friend to acquire a fast food restaurant. She helps to run the store using her H-4 EAD. If the H-4 EAD program is terminated, what options does she have to keep running her restaurant?

Answer Unfortunately, one in this situation would likely have to become a passive investor in the business. One could continue to receive profits, but could not be actively involved in the business. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

13 Jul 2018

NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...

06 Jul 2018

NewsFlash! USCIS to Place Far More Foreign Nationals in Removal Proceeding, Per New Memo

Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)...

18 Jun 2018

In July, my priority date will be current. My wife is pregnant, so we do not want to do medicals for her right now. Is it ok for me to submit my medicals, but have my wife delay submitting her medicals?

Answer Normally, in this situation, one would simply submit the I-485 without the medical exam, or submit the medical exam with a doctor's notation that some of the vaccinations could not be performed because of the pregnancy. This can be updated at a later date. (18.Jun.2018)In...