11 Sep 2024

If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

04 Sep 2024

I lived in the U.S. for 12 years while on H1B and now my daughter wants to sponsor my wife and me for a green card. I know I am eligible for a waiver of an affidavit of support because I have earned 40 quarters of employment in the U.S., but does my wife need an affidavit of support?

Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

28 Aug 2024

My employer is sponsoring me for a PERM position that requires prior work experience. Can I use experience gained with a foreign employer to qualify for the position?

Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.2024)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 ©...

27 Aug 2024

NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program

A federal judge in Texas has temporarily blocked the Biden Administration from continuing to grant parole in place under its Keeping Families Together program. As noted in the MurthyDotCom NewsBrief, USCIS Starts Accepting Applications for Keeping Families Together Program (22.Aug.2024),  this program is designed to...

22 Aug 2024

USCIS Starts Accepting Applications for Keeping Families Together Program

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024As was recently indicated in MurthyDotCom's NewsFlash! Filing Guide Released for Parole in Place Program for Undocumented Spouses of U.S. Citizens (16.Aug.2024), the U.S. Department of Homeland Security (DHS) began accepting applications for...

21 Aug 2024

My mother and I entered the United States when I was a child. We were not legally admitted. After we arrived, my mother married a U.S. citizen. I think I meet all the eligibility requirements to apply for parole in place (PIP) under the new program. However, my mother passed away several years ago. Can I still apply for PIP?

Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

16 Aug 2024

NewsFlash! Filing Guide Released for Parole-in-Place Program for Undocumented Spouses of U.S. Citizens

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024Today, the Biden Administration released a filing guide for form I-131F, which is the new electronic form that soon will be used by certain undocumented spouses and stepchildren of U.S. citizens to apply...