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

02 Jun 2026

I heard that the DHS reversed course on the recent 21.May.2025 AOS memo and now says that most immigrants seeking green cards will not need to leave the U.S. to complete the process. Can you please clarify?

Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...

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

12 May 2026

My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do?

Answer No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.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...

07:18 / Consulates / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident

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

08 Apr 2026

Should I file for an Employment Authorization Document (EAD) (Form I-765) with my green card application (Form I-485)?

Answer Generally, applying for and receiving the EAD in the mail is low risk. However, actually using the EAD can affect your current nonimmigrant status. You should speak with an immigration attorney before deciding to use it. (08.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that...

07:03 / Family Based / FAQs / For Families / 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

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