02 Jul 2025

I am a green card holder and recently got married to someone in India. Is there a quick way to bring them to the U.S. with a green card?

Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...

17 Jun 2025

I have an upcoming interview for my marriage-based green card application. Will I be interviewed together with my U.S. citizen spouse or separately?

Answer In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

05 Jun 2025

I am in H1B status and am engaged to a green card holder. Once we are married and she sponsors me for a green card, can I keep working on H1B while the case is pending?

Answer Yes, an H1B worker can continue working in H1B status throughout this family-based green card process. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that...

21 May 2025

A few years ago, my U.S. citizen brother sponsored me for a green card. Can I use the approved I-130 to extend my H1B status beyond 6 years?

Answer Unfortunately, a pending or approved I-130 petition cannot be used to extend one’s H1B status beyond the standard 6-year limit. (21.May.2025)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...

14 May 2025

I am a green card holder and will soon be marrying a man who is here in B-2 status. If I sponsor him for a green card before his status expires, can he remain in the U.S. while the case is pending?

Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible to...

17 Apr 2025

My son legally entered the U.S. in H-4 status when he was 13 years old. He is now 15. Does he have to comply with the alien registration requirement, even though he has always maintained valid status?

Answer Any foreign national who turns 14 while in the U.S. must register within 30 days of their 14th birthday, even if they were previously registered. This requirement applies even for nonimmigrant dependents in lawful status and children who are green card holders.Further details on who...

02 Apr 2025

I sent my application to the wrong USCIS lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...

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...

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...