08 Apr 2026

Should I file for an Employment Authorization Document (EAD) (Form I-765) with my green card application (Form I-485)?

Answer Generally, applying for and receiving the EAD in the mail is low risk. However, actually using the EAD can affect your current nonimmigrant status. You should speak with an immigration attorney before deciding to use it. (08.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that...

31 Mar 2026

I am from India and getting ready to file for adjustment of status. I do not have a birth certificate from India. Can get a birth certificate from the Indian Embassy in the United States. Will this be enough?

AnswerA birth certificate issued by an Indian Embassy typically does not meet the birth document criteria for adjustment-of-status purposes. However, it can be considered secondary evidence to supplement deficient primary birth documents. (31.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

24 Mar 2026

I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status?

Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

24 Mar 2026

I am now eligible to file for adjustment of status based on the dates-for-filing chart (Chart B) and my spouse and children will be applying with me. Will filing based on Chart B lock in my child’s age under the Child Status Protection Act (CSPA)?

Answer As of 08.Aug.2025, the USCIS rescinded the policy that allows a child’s age calculation under the CSPA to be based on Chart B. Since then, only the final-action chart (Chart A) is used to calculate a child’s age under the CSPA. (25.Mar.2026)Sheela Murthy and other...

18 Mar 2026

My H-4 EAD renewal is still pending and my current EAD will expire soon. Because of processing delays, my work authorization may be interrupted, and I will need to stop working. Can I file a writ of mandamus lawsuit to force USCIS to adjudicate my H-4 EAD application?

Answer This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

18 Mar 2026

I am from a country subject to the travel ban / visa pause, and my U.S. citizen spouse would like to sponsor me for a green card. Is there an exception to the travel ban for immediate relatives of U.S. citizens?

Answer The initial travel ban established by Presidential Proclamation 10949 for certain high-risk countries included a categorical exception for immediate family members of U.S. citizens. However, the subsequently issued Presidential Proclamation 10998 that halted visa processing for an expanded list of countries removed that categorical exception...

03 Mar 2026

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

Answer This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)Sheela Murthy and other senior...

24 Feb 2026

My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?

Answer Yes, filing a family-based green card case typically would not impact an existing employment-based case. (24.Feb.2026)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 © 2026, MURTHY LAW FIRM....

21 Jan 2026

I had a religious marriage in India but did not register it. Instead, my spouse and I plan to register our marriage in the U.S. once we arrive. Is this permitted?

Answer Religious marriages in India are often considered legally valid under U.S. law. Therefore, you should register the marriage in India. Failure to do so may leave you without key evidence of the marriage for future immigration benefits. (21.Jan.2026)Sheela Murthy and other senior attorneys provide guidance...