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

30 Jun 2026

When is the EB5 investment amount expected to increase? How much will it increase, and which EB5 categories are affected?

Answer The law requires the EB5 investment amount to be adjusted for inflation starting January 1, 2027 and again every five years thereafter. The exact amounts have not yet been announced, but both the standard investment amount and the reduced amount for investments in targeted employment...

27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...

07:16 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Resident / USCIS News

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...

10:32 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Visa Bulletin

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

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

03 Mar 2026

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

Answer This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)Sheela Murthy and other senior...

08:33 / EB5 Investor / FAQs / For Families / For Individuals / Immigrant Family / Investor / Resident

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