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23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...

07:56 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Visitor / Worker
16 Jul 2025

My husband recently passed away. He had an approved I-140 petition, and I was listed as his derivative spouse. Am I allowed to apply for a green card based on his petition?

Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...

07:18 / Employment Based / FAQs / For Families / For Individuals / Resident
16 Jul 2025

I have an approved I-140 that was self-sponsored in the EB1(a) category. Can my husband use this as a basis to apply for an H-4 EAD?

Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:13 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
10 Jul 2025

Immigration Impact of ‘Big Beautiful Bill’

President Trump signed a spending bill, dubbed the “Big Beautiful Bill,” into law on 04.Jul.2025. While the bill does not fundamentally change who is eligible for U.S. immigration benefits or create new, legal pathways, it dramatically increases funding for immigration enforcement and increases the financial...

08:58 / Employment Based / Family Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Legislation / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Worker
09 Jul 2025

I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth?

Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)Sheela Murthy...

07:16 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident
02 Jul 2025

I am a green card holder and recently got married to someone in India. Is there a quick way to bring them to the U.S. with a green card?

Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...

14:51 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident
30 Jun 2025

DOS Clarifies National Interest Exception Process for Travel Ban

Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national...

11:44 / Consulates / Employment Based / Family Based / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker
26 Jun 2025

Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful...

11:47 / Consulates / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker