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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...

12:24 / B-1 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
19 Jun 2024

I am a derivative child in a family-based case that was filed for my mother. My mother’s case is current on the dates for filing chart, and the National Visa Center has accepted our documents. Now, we’re waiting for the interview and for the date to become current on the final action chart. Is my age locked in now under the Child Status Protection Act?

Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

09:31 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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
13 Mar 2024

I got a green card through my employer, and I have a son who is a U.S. citizen by birth. We have decided to move back to India for a few years due to family reasons, which will mean giving up my green card. When my son turns 21, can he sponsor me for another green card?

Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024)Sheela Murthy and other senior attorneys provide guidance...

07:56 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel
18 Jan 2024

I am a green card holder and am traveling overseas for a work assignment. I am in the process of filing a form I-131 application for a reentry permit. Am I allowed to travel while that application is pending?

Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)Sheela Murthy...

07:32 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
22 Nov 2023

My father is a naturalized citizen, and he sponsored me for a green card many years ago. The priority date is finally current, and I received a notice from the National Visa Center saying that they have all the documents and fees needed, and that they are working with my local embassy in Mumbai to schedule my interview. Any idea how long it will take to get the appointment?

Answer The processing time can vary, but assuming the priority date remains current, it typically takes about 6-to-8 months to get an appointment. (22.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

17:09 / FAQs / For Families / For Individuals / Immigrant Family / Resident
21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

07:31 / Employment Based / Family Based / FAQs / For Individuals / Resident / Student / Visitor / Worker
21 Sep 2023

I am a U.S. citizen and I sponsored my mother for a green card. The consular post in Mumbai issued her an immigrant visa earlier this year, with an expiration date in October 2023. She entered on the visa a few weeks ago, but has not yet received her physical green card. Would it be best for her to wait for the green card before she travels internationally?

Answer Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card holder...

07:27 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel
14 Sep 2023

I am a U.S. citizen but have been living in India for several years. I am soon getting married to an Indian citizen. Can I sponsor her for a green card, even though I don’t live in the U.S.?

Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

06:43 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident