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15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

14:58 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / Visitor
01 Apr 2019

I am in H1B status and am in the process of applying for a green card. If a doctor gives me a prescription for medical marijuana, will that impact my green card case?

Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana for...

14:21 / FAQs / For Families / For Individuals / Resident / Student / Visitor / Worker
28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...

11:12 / FAQs / For Individuals / Student / Visitor / Worker
19 Nov 2018

My passport expires in less than two years. If I apply for a visitor visa now, will it still be issued with a validity period of 10 years?

Answer One normally still could receive a full-validity-period visa, even if the passport expires in 2 years. (19.Nov.2018)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 here.Access more...

14:16 / Consulates / FAQs / For Individuals / Travel / Visitor
12 Nov 2018

I recently quit my job on H1B and left the country immediately. How long is it recommend I wait before I apply for U.S. visitor visa?

Answer There is no minimum required wait time before applying for a B-1/B-2 visitor visa. The criteria considered by the consular officer is whether you can sufficiently demonstrate nonimmigrant intent and ties to your home country. (12.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other...

10:39 / FAQs / For Individuals / Visitor / Worker
25 Oct 2018

Proposed Regulation Would Expand Definition of “Public Charge”

The U.S. Department of Homeland Security (DHS) has issued a proposed regulation regarding inadmissibility on public charge grounds. A public charge is a person who is deemed likely to become financially dependent on public benefits.Generally speaking, a person applying for lawful permanent residence (commonly referred...

13:00 / Citizen / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Resident / Student / Visitor / Worker
15 Oct 2018

My mother is applying to renew her visitor visa. Will it improve her chances of getting the visa issued if I provide her with an I-134 affidavit of support?

Answer One generally should not submit an I-134 unless it is required or specifically requested, as this can actually undermine the visa application. (15.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

10:46 / FAQs / For Individuals / Visitor
05 Oct 2018

Proposed Rule to Expand Definition of “Public Charge” to Be Published on Wednesday

The U.S. Department of Homeland Security (DHS) is scheduled to publish a proposed rule on Wednesday, October 10, 2018, entitled Inadmissibility on Public Charge Grounds. This rule would greatly expand the categories of public benefits looked at to determine whether a foreign national may be...

15:41 / For Families / For Individuals / Homeland Security / NewsBrief / Resident / Student / Visitor / Worker