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20 Feb 2020

I got my green card through my employer 4 1/2 years ago. To apply for citizenship, I understand that I need to be able to show five years of continuous residence in the U.S. However, my friend told me that I actually can file 3 months before reaching the 5-year mark. Is that true?

Answer In most circumstances, a naturalization application may be filed up to 3 months before the continuous residence requirements are met. This, of course, assumes one meets all of the other standard requirements to naturalize. See the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (05.Apr.2017) for...

16:08 / Citizen / FAQs / Resident
16 Jan 2020

Does the U.S. allow for dual citizenship?

Answer U.S. law does not prohibit a person from being a dual citizen. But, depending on the circumstances, there are certain complications that can arise; and one must take into consideration the laws of the other country regarding dual citizenship. (16.Jan.2020)Sheela Murthy and other senior attorneys...

11:55 / Citizen / FAQs / For Individuals
05 Dec 2019

I am a green card holder and will be applying for U.S. citizenship next year. If I get health insurance through Obamacare, will that prevent my citizenship application from being approved because of the new public charge rule?

Answer Several federal courts have blocked the new public charge rule from going into effect. Even if the rule eventually does go into effect, however, it normally would not have any impact on an application to become a U.S. citizen. There is no public charge analysis...

15:27 / Citizen / FAQs / For Individuals / Homeland Security / Resident
27 Nov 2019

I am a U.S. citizen, and I recently filed a family-based green card case for my sister, who is disabled. Is there a way to expedite the process based on her disability?

Answer It is possible to ask USCIS to expedite an I-130 petition. However, unless there is a compelling reason, the USCIS is likely to deny such a request. More importantly, even if the request is granted, this actually would not resolve your issue.There is an extensive...

10:13 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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....

13:15 / Citizen / FAQs / For Individuals
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...

12:18 / Citizen / Consulates / FAQs / For Families / For Individuals / Travel
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...

11:39 / Citizen / FAQs / For Individuals / Immigrant Family / Resident
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...

14:58 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / Visitor