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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...

12:27 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
16 Jul 2018

I was issued a green card through my employer almost 5 years ago, and my wife received her green card as my dependent. If she applies for citizenship but I don’t, will that create any complications?

Answer Naturalization applications are individual applications. There is no requirement that all members of a family apply. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...

14:16 / Citizen / Employment Based / FAQs / For Families / Immigrant Family / Resident
18 Jun 2018

In July, my priority date will be current. My wife is pregnant, so we do not want to do medicals for her right now. Is it ok for me to submit my medicals, but have my wife delay submitting her medicals?

Answer Normally, in this situation, one would simply submit the I-485 without the medical exam, or submit the medical exam with a doctor's notation that some of the vaccinations could not be performed because of the pregnancy. This can be updated at a later date. (18.Jun.2018)In...

14:10 / AOS/CP (Family) / FAQs / For Families / Immigrant Family / Resident
09 Apr 2018

I am unable to get a birth certificate. Can I use affidavits instead for my I-485 application?

Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

14:50 / FAQs / For Families / For Individuals / Immigrant Family / Resident
02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

18:39 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
13 Nov 2017

Last year, my husband got his green card by being sponsored by his employer, and I got mine at the same time as his dependent spouse. We are now getting divorced. Will that impact my GC?

Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

10:58 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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...

16:07 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident