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26 May 2022

I filed my I-485 based on the dates for filing chart. Earlier this month, the USCIS approved my I-485 and issued me a green card. However, my priority date is not yet current on the final action chart. May I still keep the green card?

Answer Unfortunately, this type of error can be a serious problem for a number of reasons. First off, if the USCIS notices the error, they typically will move to revoke the green card. Second, even if the USCIS does not revoke the green card, it could...

05:45 / FAQs / For Individuals / Resident
19 May 2022

Can I file my I-485 from India?

Answer In order submit an I-485 application, one needs to physically be in the United States at the time of filing. If you wish to apply for a green card from India, the application normally would be submitted for consular processing (i.e., applying for an immigrant...

07:27 / Consulates / FAQs / For Individuals / Resident
19 May 2022

I was issued a 221(g) by the consulate and asked to submit a few additional documents. What is the processing time for 221(g) cases?

Answer On average, it takes the consulate about four-to-eight weeks to process a 221(g) case. Note that some dropbox applicants are being asked to schedule follow-up 221g interviews. (18.May.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:25 / Consulates / FAQs / For Individuals / Travel
19 May 2022

My L-1 petition was filed for premium processing, and the online case status shows an RFE was issued. As of yet, however, we have not received the RFE. What should I do?

Answer This has become a common issue, especially for cases filed with the Texas Service Center. To resolve the matter, we generally send an eMail to the Texas Service Center to request that the RFE be reissued. (18.May.2022)Sheela Murthy and other senior attorneys provide guidance that...

07:23 / FAQs / For Employers / For Individuals / USCIS News / Worker
12 May 2022

A few months ago, I applied for a B-1/B-2 visa to attend a specific conference. The visa was issued, but there was then a change in plans and I did not attend the conference. I now wish to get to the U.S. to attend a different conference. Can I use the existing B-1/B-2 visa, or do I need to reapply?

Answer Although a person may apply for a B-1/B-2 visa for a particular purpose (e.g., to visit family) or a particular event (e.g., attending a specific conference), the B-1/B-2 visa normally is not tied to any specific activity or event. Rather, as long the visa remains...

07:15 / FAQs / For Individuals / Travel / Visitor
12 May 2022

My wife and I both need to apply for new visa stamps, and we are both eligible for dropbox appointments. I was able to schedule my appointment in the near future, but there were no slots available for my wife for several months. Do we each need separate dropbox appointment slots, or can she just apply with me during my slot?

Answer Each spouse needs to apply based on his or her individual appointment slot. After the appointments are scheduled, the consulate has discretion to then grant an expedite appointment to the spouse with the later appointment date. There is no guarantee that this will be granted,...

07:11 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel
12 May 2022

I reside in Canada and have been offered an IT position by a Canadian company that distributes marijuana. The company’s activities are legal under Canadian law. I have family in the U.S. If I accept this job, will it prevent me from being admitted to the U.S. as a visitor?

Answer U.S. Customs and Border Protection (CBP) has indicated that, if a foreign national is engaged in a marijuana business in Canada, where there is no commerce with the United States, that alone likely would not make the individual inadmissible to the U.S. (12.May.2022)Sheela Murthy and...

07:05 / FAQs / For Individuals / Homeland Security / Travel / Visitor
05 May 2022

My H1B extension was recently approved, but my online I-94 information still shows my previous I-94 expiration date. Do I need to take some action to get it updated?

Answer No, the online I-94 tool on the U.S. Customs and Border Protection (CBP) website only provides information related to the I-94 issued upon the individual's most recent entry into the United States. If the person's status is changed or extended after being admitted, those details...

09:28 / FAQs / For Individuals / Homeland Security / Worker
05 May 2022

I am interested in applying for a green card through the EB5 program based on an investment in my own business. How do I determine if a location qualifies as a targeted employment area (TEA) based on its being an area of high unemployment?

Answer Trying to determine whether a particular location qualifies as a high unemployment area can be challenging. The requirement is that the business must be located in a census tract, or contiguous census tracts, experiencing unemployment of at least 150 percent of the national average. Sometimes,...

09:25 / EB5 Investor / FAQs / For Individuals / Investor / Resident