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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Answer As of 08.Aug.2025, the USCIS rescinded the policy that allows a child’s age calculation under the CSPA to be based on Chart B. Since then, only the final-action chart (Chart A) is used to calculate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
24 Feb 2026

My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?

Answer Yes, filing a family-based green card case typically would not impact an existing employment-based case. (24.Feb.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 © 2026, MURTHY LAW FIRM....

16:04 / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident
24 Feb 2026

My wife and I wish to move back to India. My son is currently enrolled in university and wishes to remain in the U.S. Can I gift funds to my child so that he can apply for a green card through the EB5 program?

Answer Yes, this generally is possible. As the gift giver, you would need to provide various financial documents, including seven years of tax returns along with evidence of the lawful source of the funds. (24.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

15:57 / EB5 Investor / FAQs / For Individuals / Investor / Resident
11 Feb 2026

I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue? 

Answer While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length.  (11.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:14 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
04 Feb 2026

I am a manager at a large multinational company in the U.S. I used to work as a manager abroad, but it was for an unrelated company. Can I file for EB1(c) as a multinational manager?

Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (03.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

07:21 / Employment Based / FAQs / For Individuals / Resident / Worker