07 Nov 2019

I am about to file my N-400 application for naturalization. However, my birth certificate does not have my name on it. Will this create a problem with my N-400?

Answer Typically, a birth certificate is not a mandatory document for the filing of a naturalization application. (07.Nov.2019)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 © 2019, MURTHY LAW FIRM....

19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

29 Aug 2019

My son and I became green card holders nearly 5 years ago. I am about to apply for U.S. citizenship. Do I need to file a separate application for my son?

Answer Generally speaking, children under 18 automatically acquire U.S. citizenship if three requirements are met: (1) The child must have U.S. lawful permanent resident status (“green card” holder); (2) at least one parent must be a U.S. citizen by birth or naturalization; and (3) the child...

15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

04 Mar 2019

I am a U.S. citizen and filed an I-130 petition for my mother, which was just approved. Can my mother come to the U.S. now on her B-1/B-2 visa, and then file her I-485?

Answer Generally speaking, no, this is not permitted. Entering the U.S in B-1/B-2 status with the preconceived intention to file for adjustment of status is considered to be fraudulent by the government. You may want to consult with an attorney to determine how best to proceed....

04 Feb 2019

I am a U.S. citizen. Is it possible to sponsor my fiancé from Nigeria even though we have never met in-person?

Answer Normally, to be eligible for a K-1 visa, the couple must have met physically within two years prior. There are exceptions in which this is impermissible culturally, but these cases generally are difficult to get approved by the USCIS. (04.Feb.2019)In frequent sessions of our Chat,...

07 Jan 2019

I am applying for U.S. citizenship. On the N-400 application, do I have to disclose a speeding ticket? If so, do I need to bring a copy of the ticket to my interview?

Answer In general, traffic citations should be disclosed on the N-400. It generally would not be necessary to provide a copy of the ticket, if it is just a moving violation. DUI or other more serious offenses always require court documents. (07.Jan.2019)In frequent sessions of our...

12 Nov 2018

On the N-400 application, one of the questions asks whether I have ever been arrested, cited, or detained by law enforcement. Do I need to list a traffic citation, like a speeding ticket, even though I was not arrested?

Answer Question 23 of the N-400 asks for any citations. A speeding ticket is a citation, and therefore you should answer yes to the question. For question 29, which asks for details of any such citations, you should provide the details of the ticket/s. In addition,...

29 Oct 2018

Can a minor child apply for a U.S. passport while an N-600 application is pending? He became a U.S. citizen based on his parents’ approved N-400 applications.

Answer Applying for a U.S. passport and/or an N-600 certificate of citizenship are both independent options for one who has automatically acquired U.S. citizenship, and can be pursued independently. Neither is required in this situation. A passport generally may be faster. (29.Oct.2018)In frequent sessions of our...