23 Oct 2017

I have an approved I-140 for an EB2 case with a November 2011 priority date. Can I transfer this priority date to a family-based case?

Answer Unfortunately, the priority date from an employment-based case cannot be ported to a family-based case. Any family-based petition would be issued a brand new priority date. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

21 Aug 2017

I am a U.S. citizen sponsoring my mother for a green card. Will non-availability of her birth certificate create problems for her case?

Answer This can definitely lead to the issuance of a request for evidence, because of the requirement that the parent-child relationship be proven. The USCIS will sometimes demand a DNA test in this situation. (21.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

26 Jun 2017

My U.S. citizen sibling is sponsoring me for a green card. Will the case go any faster because I am in the U.S. in H1B status?

Answer This has no effect on the wait time for an immigrant visa. In the family-based, fourth preference (FB4) category, the wait time will very likely be more than a decade. (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

22 May 2017

My daughter is in H-4 status, but she turns 21 in July. So, she is applying for a change to F-1. Meanwhile, I have a pending EB3 case. Will her moving to F-1 status prevent her from getting a green card as my dependent?

Answer Moving to F-1 status does not affect one's eligibility for the GC. Turning 21 might, however, if one is not protected under the Child Status Protection Act. This is a complicated question, and one should consult a qualified attorney in this regard. (22.May.2017)In frequent sessions...