03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

23 Jul 2020

My sister is a U.S. citizen. If she sponsors me for a green card, can I use the form I-130 to extend my H1B status beyond the 6-year max?

Answer No, one may not use a pending or approved I-130 petition as a basis to extend H1B status. (20.Jul.2020)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 © 2020,...

23 Jul 2020

I have applied to become a U.S. citizen and am just waiting to be sworn in. Once I become a citizen, how long do I have to wait to sponsor my parents for green cards?

Answer Ordinarily, a U.S. citizen who is at least 21-years-of-age is permitted to sponsor their parents for green cards. Once the naturalization process is complete, there is no requirement that the person wait any period of time before initiating this process. (20.Jul.2020)Sheela Murthy and other senior...

15 Jul 2020

When is the absolute last point in time that a spouse can join on I-485 for employment-based green card?

Answer To be included as a "dependent" on an employment-based I-485 petition, one must be MARRIED before the lead applicant receives approval of the I-485. (13.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

01 Jul 2020

Now that Trump has signed an executive order to suspend approval of green cards for those outside of the U.S., can we still apply for I-130 for parents who are in India?

Answer The Executive Order only prohibits the issuance of visas at consulates. It does not prevent the adjudication of I-130 petitions, and these should progress normally, as far as we know. (01.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

06 Feb 2020

My uncle (father’s brother) is a U.S. citizen. Can he sponsor me for a green card?

Answer No, generally speaking, a foreign national cannot be directly sponsored for a family-based green card by their aunt or uncle. (06.Feb.2020)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...

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...