17 Oct 2019

I am a U.S. citizen, and I sponsored my brother for a green card a number of years ago. He recently got married. Can I now sponsor his wife, as well?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, one does not need to file a separate petition for these family members. (16.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

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...

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...

01 Apr 2019

I was born in India, but moved to England at the age of 3 and became a British citizen. Is it possible to use my country of citizenship in applying for a green card?

Answer Generally, one is counted against the country of birth (or spouse's country of birth), not country of citizenship.There are limited circumstances in which one's country of citizenship can be used - typically, this occurs when the child is born in a country where neither parent...

04 Mar 2019

I am a U.S. citizen and filed an I-130 petition for my mother, which was just approved. Can my mother come to the U.S. now on her B-1/B-2 visa, and then file her I-485?

Answer Generally speaking, no, this is not permitted. Entering the U.S in B-1/B-2 status with the preconceived intention to file for adjustment of status is considered to be fraudulent by the government. You may want to consult with an attorney to determine how best to proceed....

04 Feb 2019

I am a U.S. citizen. Is it possible to sponsor my fiancé from Nigeria even though we have never met in-person?

Answer Normally, to be eligible for a K-1 visa, the couple must have met physically within two years prior. There are exceptions in which this is impermissible culturally, but these cases generally are difficult to get approved by the USCIS. (04.Feb.2019)In frequent sessions of our Chat,...

14 Jan 2019

After my I-140 was approved, I got divorced. I have since remarried. Can I add my new wife to the I-140?

Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...