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28 Feb 2024

Three years ago, I got a green card through my U.S. citizen wife. I am now filing an N-400 application to become a U.S. citizen. The form asks me to list all my travel outside the U.S. over the past 5 years. Is it ok to only list it for the past 3 years, since I am filing based on marriage to a U.S. citizen?

Answer In the past, for clients who are filing N-400 applications based on marriage to a U.S. citizen, we have only listed travel for the past 3 years, and have not found this to be an issue. (28.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that...

14:18 / Citizen / FAQs / For Individuals / Travel
21 Feb 2024

I am renewing my H1B visa stamp, and one of the questions on the DS-160 asks me to list my previous visits to the U.S. Last year, we took a 1-week cruise from the U.S. to Mexico. But, on the CBP website, when we checked our travel history, that exit and entry are not listed. Should we still list this trip on the DS-160?

Answer Generally speaking, any trips in and out of the U.S. should be listed, even if they do not appear on the CBP website. (21.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

13:30 / FAQs / For Individuals / Travel
18 Jan 2024

I am a green card holder and am traveling overseas for a work assignment. I am in the process of filing a form I-131 application for a reentry permit. Am I allowed to travel while that application is pending?

Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)Sheela Murthy...

07:32 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
28 Dec 2023

My wife presented her passport and H-4 visa at the port of entry when she last entered, but her I-94 was not extended to match my latest H1B extension. Was she required to present my most recent approval notice in order to get her status extended?

Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice).  (28.Dec.2023)Sheela Murthy...

07:53 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel / Worker
28 Dec 2023

I was laid off from my H1B position, and during my grace period, I applied for a change to B-2 status. That application is still pending. I now have to travel back to India for few weeks for personal reasons. I just found a company willing to sponsor me for a new H1B position. I asked the company to file the petition for consular processing, as I have a valid H1B visa stamp from my previous employer. The new employer told me that I would need to get another visa stamp because I overstayed, and therefore my existing stamp is invalid. Is that correct, or did my change of status application protect me from overstaying?

Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...

07:44 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker