FAQs Archives - Murthy Law Firm | U.S Immigration Law

22 Apr 2026

I filed my I-485 adjustment-of-status application when my priority date was current. The Visa Bulletin later retrogressed. What does this mean for my I-485 application?

Answer If your priority date was current at the time you properly filed your Form I-485, USCIS generally will continue processing your application even if the Visa Bulletin later retrogresses, and your filing remains valid. However, because the USCIS cannot approve your adjustment-of-status application unless a...

22 Apr 2026

I filed my I-485 adjustment-of-status application when my priority date was current. The Visa Bulletin later retrogressed. Will the USCIS also pause the processing for my pending EAD or AP application?

Answer No, retrogression does not pause the processing of a concurrently filed EAD or AP application. Additionally, it does not affect the validity of an existing EAD or AP, nor does it prevent a person from applying for extensions. (21.Apr.2026)Sheela Murthy and other senior attorneys provide...

10:29 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Visa Bulletin

16 Apr 2026

I am an Indian national and my immigrant visa interview was scheduled at the U.S. Consulate General in Mumbai, but I live very far away. Can the interview be moved to another consulate closer to me?

Answer Unfortunately, the U.S. Consulate General in Mumbai is the only consular post in India that processes and issues immigrant visas. (14.Apr.2026)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...

07:04 / Consulates / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident

08 Apr 2026

Should I file for an Employment Authorization Document (EAD) (Form I-765) with my green card application (Form I-485)?

Answer Generally, applying for and receiving the EAD in the mail is low risk. However, actually using the EAD can affect your current nonimmigrant status. You should speak with an immigration attorney before deciding to use it. (08.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that...

07:03 / Family Based / FAQs / For Families / Immigrant Family / Resident

31 Mar 2026

I am from India and getting ready to file for adjustment of status. I do not have a birth certificate from India. Can get a birth certificate from the Indian Embassy in the United States. Will this be enough?

AnswerA birth certificate issued by an Indian Embassy typically does not meet the birth document criteria for adjustment-of-status purposes. However, it can be considered secondary evidence to supplement deficient primary birth documents. (31.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:09 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident

24 Mar 2026

I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status?

Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

22:51 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker

24 Mar 2026

I am now eligible to file for adjustment of status based on the dates-for-filing chart (Chart B) and my spouse and children will be applying with me. Will filing based on Chart B lock in my child’s age under the Child Status Protection Act (CSPA)?

Answer As of 08.Aug.2025, the USCIS rescinded the policy that allows a child’s age calculation under the CSPA to be based on Chart B. Since then, only the final-action chart (Chart A) is used to calculate a child’s age under the CSPA. (25.Mar.2026)Sheela Murthy and other...

22:47 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident

18 Mar 2026

I am from a country subject to the travel ban / visa pause, and my U.S. citizen spouse would like to sponsor me for a green card. Is there an exception to the travel ban for immediate relatives of U.S. citizens?

Answer The initial travel ban established by Presidential Proclamation 10949 for certain high-risk countries included a categorical exception for immediate family members of U.S. citizens. However, the subsequently issued Presidential Proclamation 10998 that halted visa processing for an expanded list of countries removed that categorical exception...

06:11 / FAQs / For Families / For Individuals / Homeland Security / Immigrant Family / Worker

24 Feb 2026

My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?

Answer Yes, filing a family-based green card case typically would not impact an existing employment-based case. (24.Feb.2026)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 © 2026, MURTHY LAW FIRM....

16:04 / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident

11 Feb 2026

I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue?

Answer While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length. (11.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:14 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel

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