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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
14 May 2025

I am a green card holder and will soon be marrying a man who is here in B-2 status. If I sponsor him for a green card before his status expires, can he remain in the U.S. while the case is pending?

Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible to...

16:09 / Family Based / FAQs / For Families / For Individuals / Resident
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
02 Apr 2025

I sent my application to the wrong USCIS 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 usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

12:25 / Employment Based / Family Based / FAQs / For Employers / For Individuals / Resident / USCIS News / Worker
19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...

07:18 / Citizen / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
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
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
24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.2024)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 © 2024, MURTHY...

08:14 / Family Based / FAQs / For Families / Resident
11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

15:41 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

15:34 / Family Based / FAQs / For Families / Immigrant Family / Medical / Resident / Worker