25 Sep 2023

Possible Government Shutdown as of 01.Oct.2023

Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The money needed...

21 Sep 2023
07 Sep 2023

I recently renewed my passport. The tourist visa stamp in my old passport does not expire until 2027. Is there a way to transfer that visa stamp to my new passport?

Answer It ordinarily is not possible to transfer a visa "stamp" from one passport to another. However, an unexpired B-1/B-2 visa in an expired passport normally can be presented at the port of entry along with one's new passport to request admission in B-1/B-2 status. (07.Sep.2023)Sheela...

07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

17 Aug 2023

I last entered on advance parole. My online I-94 shows my class of admission as “DA” and it expires in a few months. What does DA mean, and do I need to apply for an extension?

Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...

14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

03 Aug 2023

I’m in the U.S. on a B-1/B-2 visa for a business trip. I need to go to Canada for a couple of weeks and then return to the U.S. Will I be readmitted for a full 6-month period when I come back?

Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the U.S.,...