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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
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
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
23 Oct 2024

Years ago, I did something foolish and was found inadmissible based on fraud / misrepresentation by CBP. I applied for a new visa and a waiver at the consulate, which was approved, and I returned to the U.S. to resume employment on H1B. I have been in the U.S. ever since. My priority date is now current for my employment-based green card case. Since I already had a waiver approved, can I file my I-485?

Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...

10:49 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
23 Oct 2024

My father is attending an immigrant interview in Mumbai, but he does not speak English very well. Can I go as an interpreter?

Answer Generally, no. Upon entry, a person at the consulate will inquire with the applicant if he needs the interview conducted in a language other than English. This post typically can provide translation services in Hindi, Gujarati, and Marathi. Translation services for other languages are subject...

10:37 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Travel
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
16 Oct 2024

I mailed my application for advance parole on October 10, 2024. The next day, the USCIS released an updated form I-131, which went into immediate effect. Will the USCIS reject my application?

Answer The USCIS will accept filings using the 04/01/24 edition of form I-131 that are postmarked before October 11, 2024. (16.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 ©...

10:43 / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel / USCIS News