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08 Feb 2023

2023 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

17:44 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
19 Jan 2023

I am a U.S. citizen and am sponsoring my mother for a green card. Her case is being processed through the U.S. Embassy in Mumbai. Is she allowed to visit on her B-2 visa while the case is pending?

Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:52 / B-2 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
12 Jan 2023

About five years ago, my sister, who is a U.S. citizen, sponsored me for a green card. Can I use that priority date for my EB3 case sponsored by my employer?

Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

08:36 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
22 Dec 2022

I am in H1B status with a pending I-485. My priority date is current, and I’m hoping the I-485 will be approved soon. I recently got engaged to a woman who is also on H1B, and we were planning on having the wedding in India in the spring. However, my friend told me we should get married quickly, or else she will not be able to get a green card as my dependent. Is that correct?

Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the family-based,...

08:02 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

07:25 / Employment Based / Family Based / For Families / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker
11 Nov 2022

MurthyAudio: Money Matters – Ability to Pay and Affidavit of Support

The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast.The MP3 is available here and in the archive of our teleconferences and podcasts...

13:46 / Citizen / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / MurthyAudio / Resident
03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

08:47 / Family Based / FAQs / For Individuals / Homeland Security / Resident / Travel / Visitor
20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student
05 Oct 2022

I am a U.S. citizen and am sponsoring my brother for a family-based green card. Will the pending I-130 prevent him from being issued an H1B?

Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person's ability to apply for H1B status. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

18:23 / Family Based / FAQs / For Individuals / Resident / Worker