MurthyIndia_Lawyer

K1 fiancé(e) visa is the more appropriate visa. The purpose of this visa is to permit fiancé of a U.S. citizen to travel to the U.S. for the purpose of getting married. B2 is not the most appropriate visa. At the time of applying for a B2 visa, one needs to be honest on the purpose of visit. Doing that would make it extremely difficult to overcome the presumption of immigrant intent. Even if a visa is approved, at the time of entry, the CBP officials will restrict the entry to less than 90 days and mostly with an annotation reading “No adjustment or change of status permitted”. So, if all the requirements are met, it is best to apply for a K1 visa though it may take longer. If you want to evaluate your options and understand the possibilities of successful visa application, feel free to contact one of our attorneys by sending an email to info@murthyindia.com.

Hello, In most cases, the H4 should be approved without any issues even if a H1B is pending with the USCIS. Need to be transparent on the visa application form and at the interview. It is also important to know that one is not permitted to work on H4 status (unless one is eligible for H4 EAD). So, if any related questions are raised, at the interview, it should be handled accordingly. If you wish to discuss your options further, you may feel free to schedule a consultation with one of our experienced Immigration Attorneys by writing to info@murthyindia.com.

Hi! An extension can be filed only if a person is currently in the United States pursuant to that status. In your wife’s situation, if she travels during the validity of her existing H4, she can just show both I-797s and request I-94 for the validity of the new I-797 at the port-of-entry. Assuming that the I-94 is issued for the validity of the new I-797, she can apply for a H4 visa the next time she travels outside the U.S. If you would prefer to have the visa renewed before the current travel, then you can follow step 2 indicated in your email. Should you have further questions please feel free to consult with one of the Attorneys by writing to info@murthyindia.com.

Hi! Under the circumstances mentioned, given the fact that visa appointments may be hard to come by when consular posts resume services, if the terms of the H1B petition remain the same and the extension is only to extend the validity, it may be prudent to try to appear for the visa interview with both the I-797 approval notices. You may also complete and carry a new visa application form DS160 reflecting your updated information and present the same to the visa officer. At their discretion, the officer may accept it. It is also important to note that if the previous I-797 expired, then the consulate may want you to schedule a fresh appointment and appear for an interview. But still, nothing to lose in trying.

Hi, India is your home country. So, you need not list that in the countries you visited in the last 5 years. All other countries you visited need to be mentioned. One may choose NOT employed and provide appropriate explanation. Best is to consult with an experienced U.S. immigration attorney prior to submitting. Should you need assistance, you may reach us on info@murthyindia.com

Hello, One would need a valid visa to be able to board a flight and present oneself at the port-of-entry for admission. If the return date is after July 15, 2020, then a new F1 visa would have to be obtained. With a pending H1B application, the possibility of F1 being approved is bleak. Additionally, if one travels after the change of status with a future date is approved, then one may be able to return to the U.S. and the change of status will come into effect on the future date. However, if one travels outside of the U.S. while the application for change of status is pending, then the request for change of status is considered abandoned. Keeping this in mind, it may be best to avoid travelling out of the U.S., unless it is inevitable. If you decide to travel and the return date is after July 15, 2020, you need to apply for a F1 visa if you wish to return in F1 status, . If your travel date is later, then you need to apply for a H1B visa at a consulate abroad prior to returning to the U.S. If you need assistance with the same, feel free to reach out to us at info@murthyindia.com

Hello! The foreign affairs manual indicate that if the H1B status of primary spouse is established, the H4 should be issued. However, it is advisable to wait until you join the new employer, considering that the start date is June 29, 2020. The consular posts in India have not resumed operations yet and in all probability, the interview date will fall after June 29, 2020.

In your case, there is potential fraud / misrepresentation if the consulate has misunderstood the document submitted originally. It would have helped if the client clarified that they issued a subsequently dated letter confirming the project. If they haven’t done that, then, there is a potential issue. It is best that you discuss your case with an experienced Immigration Attorney. If you need help, you may reach us on info@murthyindia.com.

Hello! Unless someone is traveling and can handover the physical green card to your spouse, it may not be advisable to send the card through courier. However, it may still be possible for her to travel with an expired Green Card under certain circumstances. We would suggest that you check the USCIS official page for more information. If you need our assistance, you can reach us at info@murthyindia.com

Hi We are sorry to know about your mother’s health. https://www.indianembassyusa.gov.in/Publicind?id=61 You can find information about the flights and the registration process here. Submitting medical records would help.

Hello! If the reason given is accurate, there seems to be an incorrect understanding of the law by the consular officer. You should have contacted an immigration attorney to sort this out. As you are aware, with the lockdown, the consular services are at a standstill except for emergency services. So, it is best to wait till the services resume and follow up. If professional help is needed, please feel free to reach one of our attorneys by emailing info@murthyindia.com.

Hi! It is okay to pick “Other Person” and provide details of your spouse as the person paying for the trip. In general, form I-134 is not needed for a H4 application. However, under the current administration, with importance being given for the public charge clause, it does not harm to carry the form I-134 with supporting documents and present the same if the necessity arises.

Hello! Please note that in general, when an applicant travels out of the U.S. when an application for change of status is pending with the USCIS, it is deemed to be abandoned. Further, from your message it is clear that they are still outside of the U.S. So, it is normal for the extension to be denied. Assuming that your spouse and child filed the request for change of status in a timely manner and left the U.S. while this request was still pending, they should be able to return using the H4 visa on passport. If you wish to discuss this further, please feel free to reach out to our Attorneys by emailing them on info@murthyindia.com.

Hello! As you have noted, if a legal permanent resident (LPR) stays outside of the United States for a period greater than 180 days and less than a year, there is a rebuttable presumption that s/he has abandoned his/her status as legal permanent resident. Additionally, the continuous residence requirement for Naturalization may also be interrupted. This again is a rebuttable presumption and under the current circumstances, the break may be exempted. It is best to keep documentation to support the fact that one had intention of returning to the U.S. within a stipulated time while returning to the United States. Further, if you end up staying for more than one year and you do not have a “Re-Entry Permit”, then you may have to apply for status as “Returning Resident” under SB-1 to return to the U.S. If you need help on this, you may reach out to info@murthyindia.com

Hi! From your message, it is not clear if you are referring to birth certificate from the U.S. or lack of birth certificate from India too. How did you claim your U.S. citizenship and passport without valid proof for your birth? In general, the non-availability certificate along with affidavit from two people who were old enough to testify the time, place and parentage at the time of your birth should help.