14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

10 Aug 2023

MurthyAudio: Impact of Criminal Issues

The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023.The MP3 is available here and in the archive of our teleconferences and podcasts...

03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....