21 Aug 2017

I am a U.S. citizen sponsoring my mother for a green card. Will non-availability of her birth certificate create problems for her case?

Answer This can definitely lead to the issuance of a request for evidence, because of the requirement that the parent-child relationship be proven. The USCIS will sometimes demand a DNA test in this situation. (21.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

31 Jul 2017

I am eligible to apply for U.S. citizenship, but my husband and children will not qualify for another year. Is it advisable for me to wait and apply for the whole family at the same time?

Answer In general, there is no particular benefit for a family to wait to file naturalization applications at the same time, other than the fact that the citizenship interviews generally will be scheduled for the same day. Also, depending on the circumstances, the children may become...

26 Jun 2017

My U.S. citizen sibling is sponsoring me for a green card. Will the case go any faster because I am in the U.S. in H1B status?

Answer This has no effect on the wait time for an immigrant visa. In the family-based, fourth preference (FB4) category, the wait time will very likely be more than a decade. (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

22 May 2017

My daughter is in H-4 status, but she turns 21 in July. So, she is applying for a change to F-1. Meanwhile, I have a pending EB3 case. Will her moving to F-1 status prevent her from getting a green card as my dependent?

Answer Moving to F-1 status does not affect one's eligibility for the GC. Turning 21 might, however, if one is not protected under the Child Status Protection Act. This is a complicated question, and one should consult a qualified attorney in this regard. (22.May.2017)In frequent sessions...

28 Nov 2016

If the parent sponsor is not financially stable enough to sponsor her son by herself, can her daughter, who is a U.S. citizen, be both her employer and a co-signer?

Answer Any U.S. citizen or green card holder can be a "joint sponsor" for a family-based immigrant visa case. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

10 Oct 2016

Can I start working after USCIS notification of EAD card production, but before receiving the physical card?

Answer This is generally not be possible, because one in this situation is normally unable to properly complete an I-9 form. (10.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...

15 Aug 2016

I filed an application with the USCIS, but sent it to the wrong lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...