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21 Sep 2023

I am a U.S. citizen and I sponsored my mother for a green card. The consular post in Mumbai issued her an immigrant visa earlier this year, with an expiration date in October 2023. She entered on the visa a few weeks ago, but has not yet received her physical green card. Would it be best for her to wait for the green card before she travels internationally?

Answer Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card holder...

07:27 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel
14 Sep 2023

I am a U.S. citizen but have been living in India for several years. I am soon getting married to an Indian citizen. Can I sponsor her for a green card, even though I don’t live in the U.S.?

Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

06:43 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
17 Aug 2023

A few years ago, my sister, who is a U.S. citizen, filed an I-130 for me. I recently got an EB2 I-140 approved. Can I use the priority date from the I-130 for my I-140 case?

Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

06:47 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

06:24 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
16 May 2023

I recently married a green card holder, and my husband is getting ready to sponsor me for a green card. I was on H1B status, but just got laid off. Does this prevent me from filing my I-485 application based on the I-130 my husband is filing?

Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

07:55 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
20 Apr 2023

My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...

09:05 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
13 Apr 2023

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.2023)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...

06:41 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 Apr 2023

I am on H1B and my wife is on L1A. Her company will be sponsoring her for a green card under the EB1 category as a multinational manager. Do I have to change to L-2 status in order to apply for a green card as her dependent?

Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

09:19 / Family Based / FAQs / For Families / Immigrant Family / L-2 Dependent / Nonimmigrant Family / Resident / Worker
09 Mar 2023

I was born in India and have an I-140 pending in the EB2 category. I recently married a woman who was born in Sri Lanka. Can we file I-485 applications based on her country of birth?

Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...

08:10 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
09 Mar 2023

Ten years ago, when I became a U.S. citizen, I filed an I-130 petition for my sister. She has now gotten married. Do I need to file a separate I-130 for her husband?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:05 / Family Based / FAQs / For Families / Immigrant Family / Resident