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...

27 Jan 2026

I recently had to renew my passport. Can I use my new passport, along with the unexpired H1B visa stamp in my old passport, to enter the U.S.?

Answer Generally speaking, yes, a person may present a valid H1B visa in an expired passport along with the new, unexpired passport to request admission in H1B status. (27.Jan.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

21 Jan 2026

I had a religious marriage in India but did not register it. Instead, my spouse and I plan to register our marriage in the U.S. once we arrive. Is this permitted?

Answer Religious marriages in India are often considered legally valid under U.S. law. Therefore, you should register the marriage in India. Failure to do so may leave you without key evidence of the marriage for future immigration benefits. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance...

30 Dec 2025

After I was laid off from my H1B position, I filed an application to change status to B-2. While that application was pending, I left the U.S. I later received a notice telling me the application had been denied because of my travel. Does this mean I violated my status while the B-2 was pending?

Answer If a person travels while an application or petition requesting a change of status is pending, the change of status request normally will be deemed abandoned and therefore denied. Such a denial typically would not retroactively result in a violation of status. (30.Dec.2025)Sheela Murthy and...

30 Dec 2025

I have an approved I-140 and my priority date will be current in January. I am temporarily working abroad and do not expect to return to the U.S. for a few months. Can I apply for my green card from here?

Answer In order to file an application to adjust status (form I-485), you must be in the U.S. at the time of filing. And, depending on the circumstances, it may be necessary to remain in the U.S. until and unless one obtains an advance parole (AP)...

26 Nov 2025

My husband is in L1A status and his current I-94 and L1A petition are valid through June 2026. When I traveled back from India a few weeks ago, I was admitted in L2S status through June 2027, which is my visa stamp expiration date. Is this an error?

Answer Yes, this appears to be an error made by the officer at the U.S. port of entry. An L2S spouse’s I-94 normally should not be issued beyond the L1A petition’s expiration date (although, an additional 10-day grace period beyond that date is permissible.) You should...

29 Oct 2025

I am in the U.S. on L-1 status, but my family is still abroad. If I obtain my green card, can my family come to the U.S. afterwards on L-2 status and apply for their green cards?

Answer Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a...