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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...

14:29 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
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after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked.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...

06:26 / Citizen / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.2024)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 © 2024, MURTHY...

08:14 / Family Based / FAQs / For Families / Resident
11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

15:41 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

15:34 / Family Based / FAQs / For Families / Immigrant Family / Medical / Resident / Worker
20 Nov 2024

I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done?

Answer Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing....

07:00 / Consulates / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
20 Nov 2024

I am filing a marriage-based case, and was told I should open a joint bank account as proof of a valid marriage. However, my spouse does not yet have a Social Security Number, so we cannot yet open a joint bank account. Will this create a problem with the I-130 petition?

Answer When filing a marriage-based I-130 petition, the petitioner must show that there is a bona fide marital relationship. A joint bank account or other evidence of financial comingling is often good evidence. But, if that is not available, other evidence can be used. (19.Nov.2024)Sheela Murthy...

06:53 / Family Based / FAQs / For Families / Immigrant Family / Resident
16 Oct 2024

I’m a U.S. citizen and am sponsoring my parents for green cards. They lived in a number of different areas within India over the years. Will they need to get police certificates from all the district police offices, or is it okay to just get it from the regional passport office?

Answer Generally speaking, for an immigrant visa petition being filed for consular processing for someone residing in India, only the police certificate from the regional passport office is required. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

10:45 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
02 Oct 2024

I just completed my medicals for my I-485 filing. For how long will my medical be valid? 

Answer Medicals signed by a Civil Surgeon after 01.Nov.2023 are considered valid indefinitely. (01.Oct.2024)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 © 2024, MURTHY LAW FIRM. All Rights Reserved...

07:14 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / USCIS News