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...

17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

17 Jun 2020

I have a conditional green card and would like to apply for U.S. citizenship. Do I need to wait for my I-751 petition to remove conditions case to be approved before I can apply for citizenship?

Answer This situation actually occurs frequently. One can file the N-400 application for naturalization (i.e., citizenship) while the I-751 is still pending. However, the N-400 cannot be approved until the I-751 has been approved. Occasionally, USCIS officers will have both files, and conduct interviews for both...