Attorneys Law Firm Practicecontact us
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

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
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...

12:07 / Consulates / Employment Based / Family Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visa Bulletin / Worker
07 Nov 2024

USCIS and DOS Policies Impacting People with Unlawful Presence and Advance Parole

As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...

11:11 / Consulates / Employment Based / Family Based / For Individuals / NewsBrief / Resident / Travel / USCIS News / Worker
16 Oct 2024

I’m a U.S. citizen and am sponsoring my parents for green cards. They lived in a number of different areas within India over the years. Will they need to get police certificates from all the district police offices, or is it okay to just get it from the regional passport office?

Answer Generally speaking, for an immigrant visa petition being filed for consular processing for someone residing in India, only the police certificate from the regional passport office is required. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

10:45 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
03 Oct 2024

Murthy Snapshot: USCIS Clarifies How Retrogression Can Impact CSPA Age Calculations

The U.S. Citizenship and Immigration Services (USCIS) released updated guidance on September 25, 2024, in the USCIS Policy Manual on calculating a dependent child’s age under the Child Status Protection Act (CSPA). As detailed in the MurthyDotCom InfoArticle, Child Status Protection Act Basics, parts one...

12:26 / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
02 Oct 2024

I just completed my medicals for my I-485 filing. For how long will my medical be valid? 

Answer Medicals signed by a Civil Surgeon after 01.Nov.2023 are considered valid indefinitely. (01.Oct.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 LAW FIRM. All Rights Reserved...

07:14 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / USCIS News