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17 Apr 2025

My son legally entered the U.S. in H-4 status when he was 13 years old. He is now 15. Does he have to comply with the alien registration requirement, even though he has always maintained valid status?

Answer Any foreign national who turns 14 while in the U.S. must register within 30 days of their 14th birthday, even if they were previously registered. This requirement applies even for nonimmigrant dependents in lawful status and children who are green card holders.Further details on who...

16:40 / Family Based / FAQs / For Families / H-4 Dependents / Homeland Security / Immigrant Family / Nonimmigrant Family / Resident
10 Apr 2025

Best Practices for Noncitizens Returning to the U.S.

In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that...

10:19 / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
02 Apr 2025

I sent my application to the wrong USCIS lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

12:25 / Employment Based / Family Based / FAQs / For Employers / For Individuals / Resident / USCIS News / Worker
19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...

07:18 / Citizen / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
17 Mar 2025

USCIS Launches Alien Registration System

Details of the alien registration requirement, which had been announced by the U.S. Citizenship and Immigration Services (USCIS) on 25.Feb.2025, have now been released. Effective 11.Apr.2025, foreign nationals who are subject to the new registration mandate must comply with the registration requirement via an online...

11:53 / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker
12 Mar 2025

I was born a U.S. citizen but currently am living in India while I finish my studies in university. Am I allowed to sponsor my parents for green cards now, or do I have to move back to the U.S. before beginning the process?

Answer Generally speaking, a U.S. citizen residing abroad who is at least 21 years old may sponsor their parents for a green card. However, they typically would need to establish residence in the United States for the immigrant visa to actually be issued (or demonstrate the...

14:29 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
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