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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
16 Oct 2024

I’m a U.S. citizen and am sponsoring my parents for green cards. They lived in a number of different areas within India over the years. Will they need to get police certificates from all the district police offices, or is it okay to just get it from the regional passport office?

Answer Generally speaking, for an immigrant visa petition being filed for consular processing for someone residing in India, only the police certificate from the regional passport office is required. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

10:45 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
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
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
03 Oct 2024

Murthy Snapshot: USCIS Clarifies How Retrogression Can Impact CSPA Age Calculations

The U.S. Citizenship and Immigration Services (USCIS) released updated guidance on September 25, 2024, in the USCIS Policy Manual on calculating a dependent child’s age under the Child Status Protection Act (CSPA). As detailed in the MurthyDotCom InfoArticle, Child Status Protection Act Basics, parts one...

12:26 / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
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