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23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...

07:56 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Visitor / Worker
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...

14:51 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident
25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

06:25 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
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...

17:58 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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...

05:30 / Family Based / FAQs / H1B / Resident / Worker
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...

07:10 / Family Based / FAQs / For Families / For Individuals / H1B / Immigrant Family / Resident / Worker
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...

16:40 / Family Based / FAQs / For Families / H-4 Dependents / Homeland Security / Immigrant Family / Nonimmigrant Family / Resident
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
05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

12:52 / Employment Based / FAQs / For Employers / For Families / For Individuals / 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