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24 Oct 2024

Temporary Initiatives for Lebanese Nationals

On 18.Oct.2024, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register offering more specifics on the implementation of the Biden Administration’s directive that authorized deferred enforced departure (DED) for 18 months for eligible Lebanese nationals. Effective 26.Jul.2024, Lebanese nationals covered...

10:11 / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / USCIS News / Worker
23 Oct 2024

Years ago, I did something foolish and was found inadmissible based on fraud / misrepresentation by CBP. I applied for a new visa and a waiver at the consulate, which was approved, and I returned to the U.S. to resume employment on H1B. I have been in the U.S. ever since. My priority date is now current for my employment-based green card case. Since I already had a waiver approved, can I file my I-485?

Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...

10:49 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
23 Oct 2024

My father is attending an immigrant interview in Mumbai, but he does not speak English very well. Can I go as an interpreter?

Answer Generally, no. Upon entry, a person at the consulate will inquire with the applicant if he needs the interview conducted in a language other than English. This post typically can provide translation services in Hindi, Gujarati, and Marathi. Translation services for other languages are subject...

10:37 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Travel
09 Oct 2024

I am in H1B status and my wife and kids are on H-4. I am planning to travel to India for visa stamping, but my family will be staying here, as my kids are in school. Is it okay for my H-4 family members to be in the U.S. when I apply for stamping?

Answer Per a 2006 USCIS memo, “… an H1B or L-1 worker who appropriately brings his or her family to the United States may from time to time be stationed temporarily outside the United States while leaving the family in the United States for purposes of...

13:43 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
02 Oct 2024

My spouse’s L-1 is approved but my L2S extension is still pending. I do not want to lose my work authorization, so could I use my spouse’s L-1 approval to apply for an L-2 visa stamp, and then use that to get my L2S status extended?

Answer Yes, that generally is a sound strategy. If the principal's L-1 extension has already been approved, it normally can be used to apply for an L-2 visa at a consular post. With the L-2 visa and the L-1 approval, the dependent spouse normally can be...

10:21 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
02 Oct 2024

I just realized that we neglected to file my spouse’s H-4 extension when my employer extended by H1B status. Her I-94 has since expired. Should she leave the U.S. now? Will she be able to come back?

Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...

07:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

13:43 / Employment Based / Family Based / FAQs / For Families / For Individuals / H-4 Dependents / Immigrant Family / Nonimmigrant Family / Resident
11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

07:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

08:23 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker