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06 May 2021

I just became a U.S. citizen, and wish to sponsor my brother and mother for green cards. I understand the process for sponsoring siblings takes many, many years. Should I just sponsor my mother, and then, when she gets a green card, she can sponsor my brother?

Answer It is true that the family-based category is severely backlogged. But, if your brother is married, your mother would have to wait until she is a citizen to sponsor him. Even if he does not marry, the general recommendation would be to sponsor the sibling...

08:35 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

08:31 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
28 Apr 2021

My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?

Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that...

20:27 / Citizen / Family Based / FAQs / For Families / For Individuals / Immediate Relative / Immigrant Family / Resident
01 Apr 2021

I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?

Answer Getting married to a person with a green card would have no direct impact on one's F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent. (01.Apr.2021)Sheela...

08:30 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student
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,...

10:33 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Medical / Resident / Worker
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,...

08:02 / Citizen / Family Based / FAQs / For Families / For Individuals / H1B / Immigrant Family / Resident / Worker
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...

07:57 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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....

09:51 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
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...

10:30 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident