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30 Jun 2025

DOS Clarifies National Interest Exception Process for Travel Ban

Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national...

11:44 / Consulates / Employment Based / Family Based / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker
26 Jun 2025

Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful...

11:47 / Consulates / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker
17 Jun 2025

I have an upcoming interview for my marriage-based green card application. Will I be interviewed together with my U.S. citizen spouse or separately?

Answer In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

17:58 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
05 Jun 2025

I am in H1B status and am engaged to a green card holder. Once we are married and she sponsors me for a green card, can I keep working on H1B while the case is pending?

Answer Yes, an H1B worker can continue working in H1B status throughout this family-based green card process. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that...

05:30 / Family Based / FAQs / H1B / Resident / Worker
21 May 2025

A few years ago, my U.S. citizen brother sponsored me for a green card. Can I use the approved I-130 to extend my H1B status beyond 6 years?

Answer Unfortunately, a pending or approved I-130 petition cannot be used to extend one’s H1B status beyond the standard 6-year limit. (21.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

07:10 / Family Based / FAQs / For Families / For Individuals / H1B / Immigrant Family / Resident / Worker
14 May 2025

I am a green card holder and will soon be marrying a man who is here in B-2 status. If I sponsor him for a green card before his status expires, can he remain in the U.S. while the case is pending?

Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible to...

16:09 / Family Based / FAQs / For Families / For Individuals / Resident
05 May 2025

Adding a Spouse or Child to a Principal Applicant’s Green Card Process

When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members may also qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the...

09:19 / Citizen / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident