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23 Apr 2020

My wife applied for an H-4 EAD several months ago, and the application is still pending. If the pandemic slows processing times, will she be permitted to keep working after her EAD expires?

Answer No, one cannot work based on a pending H-4 EAD renewal application. The USCIS has not changed this rule based on the COVID-19 outbreak. (23.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

13:48 / Employment Based / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Resident / Worker
16 Apr 2020

I am in H1B status and have a Social Security Number; my wife is in H-4 status and has an ITIN. We filed U.S. taxes jointly last year. Do we qualify for the stimulus check?

Answer - Updated 17.Apr.2020 We previously indicated that if taxes were filed jointly, where one spouse had a Social Security Number and the other had an ITIN, this should not prevent the spouse with an SSN from receiving the stimulus tax rebate. However, the IRS has...

07:58 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Apr 2020

I am a British citizen, and entered the U.S. using ESTA. My I-94 was issued through the end of April, but now it appears I may be stuck in the U.S. for a bit longer due to the epidemic. Can I extend my stay?

Answer Ordinarily, a person admitted via ESTA is limited to 90 days in the U.S., without the ability to extend or change status. However, under these unprecedented circumstances, there are some options. First, U.S. Customs and Border Protection (CBP) has advised that people admitted via ESTA...

08:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel
09 Apr 2020

My mother’s B-2 I-94 is about to expire, and she would like to apply for an extension of stay because of COVID-19. She does not know how long she will have to stay, so she has not yet purchased a new return ticket home. Is a return ticket required to apply for an extension of B-2?

Answer A return ticket is not required to apply for a B-2 extension. It can be helpful in many circumstances; but, given the COVID-19 outbreak, it seems unlikely the USCIS will make an issue of this. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:16 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
08 Apr 2020

NewsFlash! Government Report Confirms Many Nonimmigrants Eligible for Stimulus Payment

The Congressional Research Service (CRS), which works exclusively for the United States Congress to provide nonpartisan policy and legal analysis, has released a report confirming that many nonimmigrants are eligible to receive recovery rebates (frequently referred to as stimulus checks) under the Coronavirus Aid, Relief,...

13:13 / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Resident / Student / Worker
20 Mar 2020

NewsFlash! USCIS Temporarily Accepting Forms with Photocopied Signatures

The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective March 21, 2020, it will begin accepting all benefit forms and documents with reproduced signatures. Per the announcement, "[t]his means that a document may be scanned, faxed, photocopied, or similarly reproduced provided that the...

16:30 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Worker
19 Mar 2020

I heard that the USCIS shut down its field offices. Will this impact my pending H1B extension? What about my wife’s H-4 application?

Answer For the time being, the USCIS service centers are still in operation. This means that many types of applications and petitions, including H1B petitions, should continue to be processed. However, biometrics appointments are on hold. Therefore, if your wife has not yet had her biometrics...

08:06 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
19 Mar 2020

I am in H-4 status. I was working for a company, but was just laid off due to the Coronavirus. Am I eligible to collect unemployment? Would that make me a public charge?

Answer Unemployment benefits generally are not taken into consideration for public charge purposes. However, you would need to check with your state's unemployment agency to see if you qualify for this benefit. (18.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

07:56 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
19 Mar 2020

My elderly father entered on a visitor visa about five months ago, and his I-94 is scheduled to expire in about 1 month. I do not think he should travel right now because of the COVID-19 outbreak. Can he extend his stay?

Answer Generally speaking, a person in valid B-1/B-2 status may apply for an extension of stay. Under normal circumstances, the USCIS is often reluctant to approve such applications, as this visa category is generally intended for relatively short trips for business and/or pleasure. However, the USCIS...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor