24 Oct 2019

I am in H1B status, my wife is in H-4 status, and my son is a U.S. citizen. We just moved to a new address. Can I fill out one AR-11 for the entire family?

Answer Generally speaking, a separate AR-11 must be filed for each non-exempt family member. (i.e., No AR-11 is needed for the U.S. citizen child.) (23.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

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 H1B petition was approved for consular notification. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U.S. Consulate in Chennai. Is it ok if I apply for my H1B visa stamping in Chennai?

Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...

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...

11 Oct 2019

NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule

This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.The injunction specifically prohibits the...

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...

10 Oct 2019

NewsFlash! New USCIS Forms with New Public Charge Rule Required as of 15 Oct 2019

The new versions of forms I-129, I-539, I-864, and I-485 were posted on the U.S. Citizenship and Immigration Services (USCIS) website yesterday. The new I-944 (Declaration of Self-Sufficiency) form has also been put up. These forms now include the updated public charge rule. The USCIS...