Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...
Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Ordinarily, travel has no impact on a pending or approved PERM LC. (09.Mar.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...
Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...
Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...
Answer A change from H1B to H-4 typically would have no impact on the I-140. (09.Feb.2023)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 © 2023, MURTHY LAW FIRM. All...
Answer Ordinarily, it is possible to remain in the U.S. based on a pending I-485 application. So, it typically is not required to extend one's underlying nonimmigrant status. However, if the person has not maintained nonimmigrant status and the I-485 is denied, this typically means the...
Answer There is no need to add a new spouse to an approved I-140. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (02.Feb.2023)Sheela Murthy and other senior...
Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
