Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...
Processing times at the U.S. Citizenship and Immigration Services (USCIS) have long been a point of concern. And the Trump Administration's efforts to implement roadblocks in the legal immigration system have only exacerbated the situation. Since the last fiscal year of the Obama Administration, the...
The USCIS has updated the Adjustment of Status Filing Charts from the Visa Bulletin webpage to clarify that the family-based, second preference "A" (FB2A) category is "current" under the July 2019 Visa Bulletin.The July 2019 Visa Bulletin contains an extremely unusual entry in the FB2A...
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the July 2019 Visa Bulletin, Mr. Oppenheim explained the reasoning for making the family-based, second preference A...
Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...
Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)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...
The July 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). There are some notable movements in family-based (FB) as well as employment-based (EB) categories. Most significantly, the F2A category becomes current for all countries of chargeability, as well as the...
Answer In general, an employer can withdraw the job offer and thus the immigrant petition (I-140) anytime before or after approval. However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the...
Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...
The U.S. Citizenship and Immigration Services (USCIS) has updated the Adjudicators Field Manual (AFM) with guidance regarding the processing of marriage-based green card applications that involve a U.S. sponsor or foreign national spouse under the age of eighteen (18). As of April 21, 2019, certain...
