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19 Dec 2024

Increase of Automatic Extension Period for Certain EAD Renewals Made “Permanent”

On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will...

07:30 / Employment Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News
18 Dec 2024

I have been living in the U.S. in H1B status for several years. While living here, I have formed a very close relationship with an elderly couple, both of whom are U.S. citizens. My own parents are deceased, and this couple wishes to adopt me and sponsor me for a green card. Is this possible?

Answer Even if it is possible for the couple to adopt you – and this would be based on state law – this would normally not help, from an immigration law perspective. To sponsor an adopted child under U.S. immigration law, the foreign national typically must...

07:50 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

15:41 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.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...

15:34 / Family Based / FAQs / For Families / Immigrant Family / Medical / Resident / Worker
04 Dec 2024

My employer recently filed an I-140 for me. I am currently single. If I later get married, how to add my spouse to my green card case?

Answer You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at that...

13:49 / Consulates / Employment Based / FAQs / For Families / For Individuals / Resident
02 Dec 2024

USCIS Updates Guidance on Custody Requirement for Children Acquiring Derivative Citizenship

On Tuesday, November 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it had updated guidance on determining the legal and physical custody requirements of a child of one or more U.S. citizen parents for purposes of qualifying for derivative citizenship. Derivative citizenship...

07:35 / Citizen / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
27 Nov 2024

I have a pending I-485, and recently filed a Supplement J based on my move to a new employer. Do I need to file anything for my wife’s I-485?

Answer Assuming your wife's I-485 was filed based as your dependent, normally nothing would need to be filed for your spouse in this situation. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

07:54 / Employment Based / FAQs / For Families / For Individuals / Resident
27 Nov 2024

I don’t have my birth certificate from my home country. What alternate documents will U.S. immigration officials accept for birth documentation for my green card case?

Answer The U.S. Department of State’s visa reciprocity schedule lists civil documents, such as birth and marriage certificates, that are acceptable alternative documents based on one's country of birth. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:51 / FAQs / For Families / For Individuals / Immigrant Family / Resident