Law Office of Manju Kalidindi

06/30/2026

In a 6-3 decision, the Supreme Court upholds birthright citizenship on constitutional grounds.

The decision firmly rejected the executive order that Trump issued on the first day of his second term.

06/23/2026

The Supreme Court has ruled in a 6-3 decision that pending criminal charges can be considered when determining whether to readmit green card holders on temporary status.

The decision expands the government's flexibility when dealing with certain returning lawful permanent residents who are alleged to have committed offenses. In practical terms, it may make it easier for DHS to place some green card holders into removal proceedings without first obtaining a conviction or meeting a heightened evidentiary standard.

The decision centers around a lawful permanent resident who was placed on immigration parole after returning from a trip to China because he had been accused of a counterfeiting crime.

05/29/2026

New USCIS Policy on Green Card Applications Filed Within the United States (Adjustment of Status)

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum that significantly changes how it will decide permanent residence (green card) applications filed inside the United States. If you have applied or are planning to apply for a green card through a process called “adjustment of status,” this policy may affect you. You should speak to an attorney to determine whether this applies to you.

What Is Adjustment of Status?

Adjustment of status allows a person who is already inside the United States to apply for a green card without having to leave the country and apply at a U.S. consulate or embassy abroad. It is filed using Form I-485. For decades, adjustment of status has been a well-established pathway to a green card used by hundreds of thousands of people each year.

What Has Changed?

The new policy directs USCIS officers to treat adjustment of status as a benefit that is only granted in extraordinary circumstances and applying for a green card at a U.S. consulate or embassy abroad as the default process.

Under this policy:

• Meeting all the legal requirements for a green card is no longer enough on its own to have an adjustment of status approved.

• USCIS officers will now weigh positive and negative factors about your case before deciding whether to approve or deny your application.

• Simply having no negative factors in your record is not sufficient.

USCIS has signaled it may issue additional guidance targeting specific groups of applicants in the future.

Who Is and Is Not Affected

This policy applies to most adjustment of status applications, including family-based, employment-based, and diversity visa categories.

This policy does not apply to certain categories where adjustment of status is non-discretionary, meaning USCIS must approve the application if you meet the requirements. These include individuals admitted under:

• Refugee status

• The Nicaraguan Adjustment and Central American Relief
Act (NACARA)

• The Haitian Refugee Immigration Fairness Act (HRIFA) The Liberian Refugee Immigration Fairness (LRIF) law

What Factors Will USCIS Consider?

Under this policy, USCIS will weigh both positive and negative factors in your case to determine whether you deserve to be granted a green card inside the United States. These include your immigration history; family ties in the United States; moral character; how long you have lived here lawfully; and any benefit you bring to the United States through your skills, employment, or contributions to your community. You will likely receive questions about why you cannot process at a consulate, including factors precluding consular processing, ties to family overseas, and why you did not return overseas after your stay expired.

Special Considerations for H-1B, L-1, or Other “Dual Intent” Visas
The new policy acknowledges that “dual intent” visa categories allow you to pursue a green card while maintaining your temporary status. However, it warns that being in a dual intent status alone is not enough to guarantee approval of your adjustment of status application.

How Can you Prepare?

Whether your adjustment of status is already pending or you are planning to file, an experienced immigration attorney can review your specific situation and advise you on how this new policy may affect your case.

USCIS has indicated it will issue further guidance on how this policy will be applied. This policy is also expected to be challenged in court. Your attorney can help you understand how any changes may affect your case.

11/23/2025

Thank you SABA Florida for providing me with the opportunity to lead a meditation session!

This past Thursday, I had the opportunity to lead a guided meditation for the SABA FL Board. In a profession that often moves at a fast pace, taking time to pause and reconnect with ourselves is essential. I’m grateful to be able to support a community that values well-being as much as leadership ...

09/22/2025

Who will the new $100k H-1B fee affect?

On September 19, 2025, President Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” that imposes a $100,000 supplemental fee tied to H-1B visa petitions.

09/21/2025

From Customs and Border Patrol (CBP): The $100,000 H-1B "applies only to new, prospective petitions that have not yet been filed".

09/20/2025

09/20/2025

On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers is effective date is 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

Below are key points and considerations:

The proclamation is effective 12:01 a.m. EDT September 21, 2025. It expires in 12 months but may be extended.

The proclamation targets entry of H-1B workers into the U.S. who are currently outside the U.S. pursuant to INA 212(f).

The restriction on entry applies only to H-1B workers who attempt to enter the U.S. after the effective date. It does not appear to impact H-1B workers already in the U.S.

However, it could impact those who subsequently leave and try to reenter the U.S. in H-1B status during the effective period of the proclamation.

USCIS shall not adjudicate petitions unless they are accompanied by proof of payment of the $100,000 fee for H-1B workers who are currently outside of the U.S.

Extensions of stay inside the U.S., including change of employer, change of status and amended petitions —where the beneficiary remains in lawful H-1B status—are not expressly covered, so unless instructed otherwise, it appears they are exempt.

Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.

Secretary of State shall issue guidance to prevent the misuse of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26 – presumably to prevent them from entering and filing a change of status and avoiding the fee.

Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants.

Exceptions: There may be exceptions for an individual, a company, or an industry, if DHS determines that it is in the national interest of the U.S. and does not pose a threat to the security or welfare of the U.S. The language of the Proclamation does not address whether this new fee and travel restriction applies to cap-exempt H-1B workers outside of the U.S.

Any H-1B workers who are currently abroad should return to the U.S. as soon as possible before the effective date. Travel outside of the U.S. for visa processing/renewals will be impacted so H-1B workers should refrain from all international travel until implementation is further clarified. For H-1B cap case beneficiaries with approved petitions and a valid H-1B visa, they should seek to enter the U.S. as soon as possible.

Established in Plantation, Florida, our firm engages exclusively in the practice of immigration and nationality law. Our clients include corporations, start ups and individuals all seeking legal support with immigration issues. We are a customer service oriented firm committed to providing our clien...

09/19/2025

President Donald Trump is planning to add a $100,000 application fee for the H-1B visa program, the White House confirmed to Newsweek.

08/19/2025

U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual regarding the factors that officers consider in certain benefit requests where an exercise of discretion is required, including factors relating to aliens’ past requests for parole and any involvement in anti...