FAQs Archives - Page 3 of 8 - Murthy Law Firm

26 Jun 2024

I am a U.S. citizen. My mother entered on her tourist visa a few months ago. She was planning on returning home, but I’m trying to convince her to stay in the U.S. If she agrees, can I sponsor her for a green card now? Or would she have to go back to India for me to sponsor her?

Answer A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green card...

05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

12:37 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident

28 Feb 2024

Three years ago, I got a green card through my U.S. citizen wife. I am now filing an N-400 application to become a U.S. citizen. The form asks me to list all my travel outside the U.S. over the past 5 years. Is it ok to only list it for the past 3 years, since I am filing based on marriage to a U.S. citizen?

Answer In the past, for clients who are filing N-400 applications based on marriage to a U.S. citizen, we have only listed travel for the past 3 years, and have not found this to be an issue. (28.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that...

14:18 / Citizen / FAQs / For Individuals / Travel

03 Aug 2023

My father failed the civics portion of his naturalization test. He has now been scheduled for a second interview to take the test again. What happens if he fails it a second time?

Answer Ordinarily, if a naturalization applicant fails the test two times, the N-400 application is denied. (03.Aug.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....

06:28 / Citizen / FAQs / For Individuals

13 Jul 2023

I am a naturalized U.S. citizen. My father is ill, and I am going to travel back to India to take care of him. I may be gone for an extended period. Do I have to inform the USCIS?

Answer An extended stay abroad normally would have no impact on one's status as a U.S. citizen. There is ordinarily no need to notify the USCIS of travel abroad, even if it will be for an extended period. (13.Jul.2023)Sheela Murthy and other senior attorneys provide guidance...

07:32 / Citizen / FAQs / For Individuals / Travel

24 Mar 2022

I am a U.S. citizen and I sponsored by brother for a green card a few years ago. He is applying for an H1B visa at the consulate. Do I need to withdraw the family-based case before he applies for the visa?

Answer No, there normally would be no need to withdraw a family-based case for someone who is applying for an H1B visa. A pending family-base case typically would have no impact on the H1B visa process. (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:01 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker

17 Mar 2022

I am in H-4 status and recently gave birth to a baby girl. We are in the process of applying for her Indian passport so that we can travel home to India. In order to return to the U.S., do I need to first get an H-4 visa for her?

Answer Ordinarily, if a person in H-4 status gives birth to a child in the U.S., that child automatically becomes a U.S. citizen. Applying for an Indian passport for her would not impact her status as a U.S. citizen. In order to return to the U.S.,...

08:09 / Citizen / FAQs / For Families / Nonimmigrant Family / Travel

22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

09:53 / Citizen / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident

28 Apr 2021

My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?

Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that...

20:27 / Citizen / Family Based / FAQs / For Families / For Individuals / Immediate Relative / Immigrant Family / Resident

22 Apr 2021

I owe the IRS back taxes and have set up a payment plan to pay everything I owe. Will this cause my application for naturalization to be denied?

Answer Having a payment plan for back-taxes would not automatically prevent a form N-400 from being approved. Depending upon the circumstances, however, failure to report income or pay taxes may result in the USCIS finding that the applicant lacks the good moral character needed for naturalization....

11:05 / Citizen / FAQs / For Individuals / Resident

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