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02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

06:26 / Citizen / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.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 here.  Copyright © 2024, MURTHY...

08:14 / Family Based / FAQs / For Families / Resident
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
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
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...

09:36 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
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...

10:39 / Consulates / Employment Based / Family Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker