18 Aug 2025

USCIS Updates Policy Manual for Family-Based Immigrant Petitions

The U.S. Citizenship and Immigration Services (USCIS) Policy Manual was recently updated, providing guidance related to family-based petitions. This update explains and clarifies eligibility criteria, filing procedures, interview scheduling, and other issues. Most notable is the USCIS decision to issue notices to appear (NTAs) –...

12 Aug 2025

I have heard stories of people with a pending I-485 application being put into deportation proceedings. Aren’t you allowed to stay in the U.S. based on a pending I-485?

Answer Generally speaking, a person with a pending I-485, who is not maintaining their underlying nonimmigrant status, is considered to be in a period of authorized stay. Unfortunately, we have received reports that the Trump Administration is putting some people in this situation in removal (i.e.,...

06 Aug 2025

Our company has both a PERM and H1B process ongoing for an employee. If the H1B petition is denied, will it impact the ongoing PERM application?

Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06 Aug 2025

My father recently became a U.S. citizen and would like to sponsor me for a green card. Is that allowed, even though I already have a pending EB2 case?

Answer Yes, this normally would be allowed. Filing a family-based case generally would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e., The priority date from an employment-based case cannot be used for a...

23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...