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07 Nov 2024

USCIS and DOS Policies Impacting People with Unlawful Presence and Advance Parole

As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...

11:11 / Consulates / Employment Based / Family Based / For Individuals / NewsBrief / Resident / Travel / USCIS News / Worker
06 Nov 2024

A couple of years after I naturalized to become a U.S. citizen, I went back to India to take care of my elderly father. It has now been more than ten years, and I am traveling back to the U.S. for the first time. Will this be an issue?

Answer Generally speaking, a U.S. citizen with a valid U.S. passport should be admitted to the United States, even after a prolonged absence from the country. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:43 / Citizen / FAQs / For Families / For Individuals / Travel
30 Oct 2024

I am a student in F-1 status. I received an eMail from the U.S. consulate that issued my F-1 visa stamp saying that my visa was revoked. Am I out of status now? Do I need to take any action?

Answer A revocation of a visa "stamp" does not impact one’s immigration status in the U.S. It means, however, that you would have to apply for a new visa to return to the U.S. after a trip abroad, even though your existing visa stamp may still...

10:18 / FAQs / For Individuals / Student / Travel
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
16 Oct 2024

I mailed my application for advance parole on October 10, 2024. The next day, the USCIS released an updated form I-131, which went into immediate effect. Will the USCIS reject my application?

Answer The USCIS will accept filings using the 04/01/24 edition of form I-131 that are postmarked before October 11, 2024. (16.Oct.2024)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 ©...

10:43 / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / USCIS News