03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

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,...

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...

01 Jul 2020

Now that Trump has signed an executive order to suspend approval of green cards for those outside of the U.S., can we still apply for I-130 for parents who are in India?

Answer The Executive Order only prohibits the issuance of visas at consulates. It does not prevent the adjudication of I-130 petitions, and these should progress normally, as far as we know. (01.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

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...

06 Feb 2020

My uncle (father’s brother) is a U.S. citizen. Can he sponsor me for a green card?

Answer No, generally speaking, a foreign national cannot be directly sponsored for a family-based green card by their aunt or uncle. (06.Feb.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...

19 Dec 2019

After I entered in TN status, I got married to a U.S. citizen. We recently filed my I-130 and I-485, but my TN job is likely going to end in a couple of weeks. If that happens, do I have to leave the U.S.?

Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the TN job ends, it likely will be necessary to stop working until the EAD is issued (or you get a TN petition approved through a new employer). (18.Dec.2019)Sheela Murthy...

05 Dec 2019

I am a U.S. citizen, and I recently married a Canadian citizen who is here in TN status. We just filed her I-130 and I-485 cases concurrently. It now looks like her employer may shut down soon, so she would fall out of TN status. If that happens before the I-485 is approved, can she still remain in the U.S.?

Answer Generally speaking, if an I-485 is timely filed, a person may remain in the U.S. in a period of authorized stay based on the pending I-485. (04.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...