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22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

09:53 / Citizen / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
28 Apr 2021

My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?

Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that...

20:27 / Citizen / Family Based / FAQs / For Families / For Individuals / Immediate Relative / Immigrant Family / Resident
22 Apr 2021

I owe the IRS back taxes and have set up a payment plan to pay everything I owe. Will this cause my application for naturalization to be denied?

Answer Having a payment plan for back-taxes would not automatically prevent a form N-400 from being approved. Depending upon the circumstances, however, failure to report income or pay taxes may result in the USCIS finding that the applicant lacks the good moral character needed for naturalization....

11:05 / Citizen / FAQs / For Individuals / Resident
23 Jul 2020

My sister is a U.S. citizen. If she sponsors me for a green card, can I use the form I-130 to extend my H1B status beyond the 6-year max?

Answer No, one may not use a pending or approved I-130 petition as a basis to extend H1B status. (20.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2020,...

08:02 / Citizen / Family Based / FAQs / For Families / For Individuals / H1B / Immigrant Family / Resident / Worker
23 Jul 2020

I have applied to become a U.S. citizen and am just waiting to be sworn in. Once I become a citizen, how long do I have to wait to sponsor my parents for green cards?

Answer Ordinarily, a U.S. citizen who is at least 21-years-of-age is permitted to sponsor their parents for green cards. Once the naturalization process is complete, there is no requirement that the person wait any period of time before initiating this process. (20.Jul.2020)Sheela Murthy and other senior...

07:57 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

08:04 / Citizen / Consulates / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
17 Jun 2020

I have a conditional green card and would like to apply for U.S. citizenship. Do I need to wait for my I-751 petition to remove conditions case to be approved before I can apply for citizenship?

Answer This situation actually occurs frequently. One can file the N-400 application for naturalization (i.e., citizenship) while the I-751 is still pending. However, the N-400 cannot be approved until the I-751 has been approved. Occasionally, USCIS officers will have both files, and conduct interviews for both...

08:01 / Citizen / Family Based / FAQs / For Individuals / Resident
02 Apr 2020

I have had a green card for a number of years and am in the process of applying for U.S. citizenship. I was recently laid off. Will this impact my naturalization application? Does it matter if I take unemployment benefits?

Answer Ordinarily, being laid off would not impact one's naturalization application. Similarly, applying for unemployment benefits typically would not have any impact on an application for U.S. citizenship. (02.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09:50 / Citizen / FAQs / For Individuals / Resident / Worker
20 Feb 2020

I got my green card through my employer 4 1/2 years ago. To apply for citizenship, I understand that I need to be able to show five years of continuous residence in the U.S. However, my friend told me that I actually can file 3 months before reaching the 5-year mark. Is that true?

Answer In most circumstances, a naturalization application may be filed up to 3 months before the continuous residence requirements are met. This, of course, assumes one meets all of the other standard requirements to naturalize. See the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (05.Apr.2017) for...

16:08 / Citizen / FAQs / Resident