14 May 2025

I am a green card holder and will soon be marrying a man who is here in B-2 status. If I sponsor him for a green card before his status expires, can he remain in the U.S. while the case is pending?

Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible to...

08 May 2025

DHS Reportedly Freezes the EBE Program for Issuing Social Security Cards

The U.S. Department of Homeland Security (DHS) has reportedly frozen the Enumeration Beyond Entry (EBE) program  under which noncitizens could request a social security number on various U.S. Citizenship and Immigration Services (USCIS) forms, including Form I-765, Application for Employment Authorization; Form I-485, Application to...

07 May 2025

Can my employer initiate an EB2 case for me now, even though I am on OPT? If so, can I use that approved I-140 to move to H1B status without having to go through the lottery?

Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...

05 May 2025

Adding a Spouse or Child to a Principal Applicant’s Green Card Process

When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members may also qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the...

01 May 2025

MurthyAudio: Best Practices for International Travel 2025

Murthy Law Firm attorneys guide nonimmigrants and others on preparation for entering the U.S. at a port of entry (POE) in 2025. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.           ...

23 Apr 2025

I am in EB2 and my priority date is current in EB3. I would like to interfile and request an EB3 downgrade, but I am no longer with the employer that filed the I-140. Can I downgrade and then request AC21 portability to my current employer?

Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you cannot...

23 Apr 2025

I understand I am required to carry proof of my immigration status with me. As a green card holder, can I carry a copy of the green card? Or, do I have to carry the original?

Answer Technically speaking, the law requires a green card holder to carry with them the original I-551 (i.e., green card). (22.Apr.2025)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 ©...

17 Apr 2025

My son legally entered the U.S. in H-4 status when he was 13 years old. He is now 15. Does he have to comply with the alien registration requirement, even though he has always maintained valid status?

Answer Any foreign national who turns 14 while in the U.S. must register within 30 days of their 14th birthday, even if they were previously registered. This requirement applies even for nonimmigrant dependents in lawful status and children who are green card holders.Further details on who...