25 Nov 2024

Preparing for a Possible Travel Ban Under the Trump Administration

President-elect Donald Trump soon will be sworn in as the forty-seventh President of the United States, and many foreign nationals are nervously waiting to see how and when he will implement many of the disruptive immigration policies that marked his first term in office. One...

21 Nov 2024

Trump Administration Frequently Asked Questions

President-elect Donald Trump will begin his second term in office as President of the United States, effective January 20, 2025. Since the election, the Murthy Law Firm has received numerous questions about how his new administration will impact U.S. immigration law and policy. To assist...

20 Nov 2024

I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done?

Answer Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing....

20 Nov 2024

My H1B and my wife’s H-4 are both valid for another year. I am in the process of changing employers, and my new employer will be filing an H1B change-of-employer petition for me soon. Does my spouse need to file an I-539 to extend her H-4 status together with my H1B?

Answer Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of...

20 Nov 2024

I am filing a marriage-based case, and was told I should open a joint bank account as proof of a valid marriage. However, my spouse does not yet have a Social Security Number, so we cannot yet open a joint bank account. Will this create a problem with the I-130 petition?

Answer When filing a marriage-based I-130 petition, the petitioner must show that there is a bona fide marital relationship. A joint bank account or other evidence of financial comingling is often good evidence. But, if that is not available, other evidence can be used. (19.Nov.2024)Sheela Murthy...

14 Nov 2024

New Administration: President-Elect Trump Taps Several Immigration Hardliners for Administration

Over the past several days, President-elect Donald Trump has selected several people to serve in his administration, which will start on January 20, 2025. All, unsurprisingly, have expressed views that parallel those the President-elect when it comes to immigration issues. Former ICE Director to Serve as...

12 Nov 2024

My husband, my 12-year-old child, and I have been green card holders for five years. When I apply for U.S. citizenship, do I have to file a separate naturalization application for my 12-year-old?

Answer Generally speaking, if the child is under the age of 18, has a green card, and is residing in the United States in your custody, that child automatically will become a U.S. citizen when either parent's naturalization application is approved. This is called derivative citizenship....

06 Nov 2024

A couple of years after I naturalized to become a U.S. citizen, I went back to India to take care of my elderly father. It has now been more than ten years, and I am traveling back to the U.S. for the first time. Will this be an issue?

Answer Generally speaking, a U.S. citizen with a valid U.S. passport should be admitted to the United States, even after a prolonged absence from the country. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...