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03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

06:24 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

07:29 / AOS/CP (Family) / Consulates / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident / Travel
06 Jul 2023

I am currently working in H1B status. A few years ago, my U.S. citizen brother sponsored me for a green card. Since I am in the U.S., will that help my case move any faster?

Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...

16:02 / Family Based / FAQs / For Individuals / Resident / Worker
16 May 2023

I recently married a green card holder, and my husband is getting ready to sponsor me for a green card. I was on H1B status, but just got laid off. Does this prevent me from filing my I-485 application based on the I-130 my husband is filing?

Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

07:55 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
03 May 2023

Priority Dates: How Does the Visa Bulletin Work?

The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...

02:25 / AOS/CP / AOS/CP (Family) / Consulates / For Employers / For Families / For Individuals / Immigrant Family / InfoArticle / NewsBrief / Visa Bulletin
13 Apr 2023

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.2023)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...

06:41 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 Apr 2023

I am on H1B and my wife is on L1A. Her company will be sponsoring her for a green card under the EB1 category as a multinational manager. Do I have to change to L-2 status in order to apply for a green card as her dependent?

Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

09:19 / Family Based / FAQs / For Families / Immigrant Family / L-2 Dependent / Nonimmigrant Family / Resident / Worker
22 Mar 2023

April 2023 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...

15:57 / EB5 Investor / Employment Based / Family Based / For Employers / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / Visa Bulletin