17 Mar 2025

USCIS Launches Alien Registration System

Details of the alien registration requirement, which had been announced by the U.S. Citizenship and Immigration Services (USCIS) on 25.Feb.2025, have now been released. Effective 11.Apr.2025, foreign nationals who are subject to the new registration mandate must comply with the registration requirement via an online...

12 Mar 2025

I was born a U.S. citizen but currently am living in India while I finish my studies in university. Am I allowed to sponsor my parents for green cards now, or do I have to move back to the U.S. before beginning the process?

Answer Generally speaking, a U.S. citizen residing abroad who is at least 21 years old may sponsor their parents for a green card. However, they typically would need to establish residence in the United States for the immigrant visa to actually be issued (or demonstrate the...

05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

19 Dec 2024

Increase of Automatic Extension Period for Certain EAD Renewals Made “Permanent”

On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will...

18 Dec 2024

I have been living in the U.S. in H1B status for several years. While living here, I have formed a very close relationship with an elderly couple, both of whom are U.S. citizens. My own parents are deceased, and this couple wishes to adopt me and sponsor me for a green card. Is this possible?

Answer Even if it is possible for the couple to adopt you – and this would be based on state law – this would normally not help, from an immigration law perspective. To sponsor an adopted child under U.S. immigration law, the foreign national typically must...

11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.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...