Answer Normally, filing a family-based case 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 EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
The December 2017 Visa Bulletin was released by the U.S. Department of State (DOS) this afternoon. As expected, the latest visa bulletin provides little-to-no relief to the heavily oversubscribed employment-based categories. There was no change at all in the dates for filing (DF) chart from...
Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Gifted money is acceptable. One would need a "gift letter" verifying that repayment is not required or expected, and one will need to be able to demonstrate in great detail how the person who provided the gift acquired the money. Also, if any gift tax...
The U.S. District Court for the District of Columbia issued a court order on October 27, 2017 to enjoin (i.e. prevent) the U.S. Department of Defense (DOD) from refusing to certify requests for certification of military or naval service (form N-426) for MAVNI (Military Accessions...
Answer The green card process typically can be initiated while the foreign national is on OPT. There is no requirement that one have a particular visa status to be sponsored for a green card. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer A motion to reopen generally would be the course of action here. But, one should consult with a qualified attorney. (06.Nov.2017)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...
Answer One in this situation generally can make an Infopass appointment at the local USCIS office and get a temporary "green card" stamp in their passport. Filing a new I-90 normally would not be necessary. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Most months, Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions. The information for the November 2017 Visa Bulletin includes updated short-term predictions, as well as a vexing revelation regarding why...
