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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
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
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....

07:00 / Consulates / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
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...

06:56 / FAQs / For Employers / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
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...

06:53 / Family Based / FAQs / For Families / Immigrant Family / Resident
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....

19:00 / Citizen / FAQs / For Families / For Individuals / Immigrant Family