07 Nov 2019

I have an L1A visa stamp in my passport and a B-1/B-2 visa stamp. If I want to come to the U.S. for 1 week on vacation. If I enter using my B-1/B-2, will that cause my L1A stamp to be revoked?

Answer There is no prohibition against having multiple visa "stamps" in one's passport. Entering the U.S. using one's B-1/B-2 visa typically would have no impact on the L1A visa. (07.Nov.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

24 Oct 2019

DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds

On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered...

17 Oct 2019

My husband is working in the U.S. in H1B status. I want to visit him periodically, but I need to stay in my home country most of the time because I am still at university. Can I apply for an H-4 visa, even though my trips will be fairly short? Or should I instead apply for a B-2 visa?

Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...

10 Oct 2019

NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019

On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...

09 Oct 2019

When I entered on my B-1/B-2 visa, I was admitted for six months. I am going to be taking a short trip to Canada and then come back to the U.S. Will I be granted an additional six months when I come back in?

Answer The U.S. Customs and Border Protection (CBP) officer at the port of entry has the discretion to readmit a B-1/B-2 visitor for an additional 6 months. In many cases, however, the person is readmitted only for the remaining validity of the I-94 issued prior to...

29 Aug 2019

Next week, I am scheduled to travel to the U.S. to visit my adult children for a few months. I just realized that my B-1/B-2 visa stamp is going to expire next month. Does that mean I will only be issued an I-94 through the expiration date of the visa stamp?

Answer So long as the B-1/B-2 visa foil (commonly referred to as a "stamp") is valid at the time the person requests admission into the United States, the expiration date of the visa will generally not impact the validity period of the I-94 issued by the...

21 Aug 2019

Public Charge Ground of Inadmissibility Greatly Expanded

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published the final rule, Inadmissibility on Public Charge Grounds, that greatly expands the categories of public benefits considered in the determination of whether a foreign national may be deemed a public charge (i.e., a...