In most circumstances, the U.S. Citizenship and Immigration Services (USCIS) is required to revoke an approved family-based petition for alien relative (form I-130) if the petitioning relative dies before the beneficiary is issued an immigrant visa. However, under certain circumstances, a humanitarian reinstatement request is...
Answer In completing an I-864 Affidavit of Support form, the individual sponsoring a family member for permanent residence normally must demonstrate income at a level equal to or above 125 percent of the federal poverty guideline level. If the sponsor does not have a sufficient annual...
The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) who have filed a petition to remove conditions on residence (form I-751). This replaces the previous policy, which had mandated interviews for virtually all CPRs...
Answer No, there normally would be no need to withdraw a family-based case for someone who is applying for an H1B visa. A pending family-base case typically would have no impact on the H1B visa process. (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer No. Ordinarily a green card holder cannot sponsor a parent for a family-based green card. (24.Feb.2022)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 © 2022, MURTHY LAW FIRM....
This is the second in our two-part NewsBrief on extended travel by U.S. permanent residents ("green card" holders). Here we provide additional information regarding when such travel is acceptable and when it can be regarded as an abandonment of U.S. permanent resident status. Also addressed...
Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if...
Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...
Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...
Last month, the Centers for Disease Control and Prevention (CDC) announced that, effective October 1, 2021, the COVID-19 vaccination will be added to the list of required vaccinations for foreign nationals applying for permanent residency in the United States (i.e., a green card). The U.S....
