Attorneys Law Firm Practicecontact us
17 Jun 2020

I have a conditional green card and would like to apply for U.S. citizenship. Do I need to wait for my I-751 petition to remove conditions case to be approved before I can apply for citizenship?

Answer This situation actually occurs frequently. One can file the N-400 application for naturalization (i.e., citizenship) while the I-751 is still pending. However, the N-400 cannot be approved until the I-751 has been approved. Occasionally, USCIS officers will have both files, and conduct interviews for both...

08:01 / Citizen / Family Based / FAQs / For Individuals / Resident
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...

13:19 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
19 Dec 2019

After I entered in TN status, I got married to a U.S. citizen. We recently filed my I-130 and I-485, but my TN job is likely going to end in a couple of weeks. If that happens, do I have to leave the U.S.?

Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the TN job ends, it likely will be necessary to stop working until the EAD is issued (or you get a TN petition approved through a new employer). (18.Dec.2019)Sheela Murthy...

13:22 / Family Based / FAQs / For Individuals / Resident / Worker
05 Dec 2019

I am a U.S. citizen, and I recently married a Canadian citizen who is here in TN status. We just filed her I-130 and I-485 cases concurrently. It now looks like her employer may shut down soon, so she would fall out of TN status. If that happens before the I-485 is approved, can she still remain in the U.S.?

Answer Generally speaking, if an I-485 is timely filed, a person may remain in the U.S. in a period of authorized stay based on the pending I-485. (04.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

15:34 / Family Based / FAQs / For Individuals / Resident / Worker
05 Dec 2019

My wife and I are in H1B status, and our 8-year-old son is a U.S. citizen. Can he sponsor us for a green card?

Answer Ordinarily, a U.S. citizen child cannot sponsor his parents for a family-based green card until he reaches the age of 21. (04.Dec.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...

15:31 / Family Based / FAQs / For Families / For Individuals / Resident / Worker
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
10 Jul 2019

My family and I have I-485 applications that have been pending for a number of years because of retrogression. My daughter is about to turn 21. Will she age out if her I-485 is not approved before her birthday?

Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...

13:40 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
03 Jun 2019

Can a person be the beneficiary of an employment-based immigrant petition and a family-based immigration petition at the same time?

Answer Yes, a person can be the beneficiary of both a family-based and employment-based immigrant petition at the same time. The petitions will not likely interfere with each other. Whichever priority date becomes current first can serve as the basis of your I-485 filing. You should...

07:53 / Employment Based / Family Based / FAQs / For Employers / For Families / 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