25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

04 Sep 2024

I lived in the U.S. for 12 years while on H1B and now my daughter wants to sponsor my wife and me for a green card. I know I am eligible for a waiver of an affidavit of support because I have earned 40 quarters of employment in the U.S., but does my wife need an affidavit of support?

Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

27 Aug 2024

NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program

A federal judge in Texas has temporarily blocked the Biden Administration from continuing to grant parole in place under its Keeping Families Together program. As noted in the MurthyDotCom NewsBrief, USCIS Starts Accepting Applications for Keeping Families Together Program (22.Aug.2024),  this program is designed to...

22 Aug 2024

USCIS Starts Accepting Applications for Keeping Families Together Program

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024As was recently indicated in MurthyDotCom's NewsFlash! Filing Guide Released for Parole in Place Program for Undocumented Spouses of U.S. Citizens (16.Aug.2024), the U.S. Department of Homeland Security (DHS) began accepting applications for...

21 Aug 2024

My mother and I entered the United States when I was a child. We were not legally admitted. After we arrived, my mother married a U.S. citizen. I think I meet all the eligibility requirements to apply for parole in place (PIP) under the new program. However, my mother passed away several years ago. Can I still apply for PIP?

Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

16 Aug 2024

NewsFlash! Filing Guide Released for Parole-in-Place Program for Undocumented Spouses of U.S. Citizens

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024Today, the Biden Administration released a filing guide for form I-131F, which is the new electronic form that soon will be used by certain undocumented spouses and stepchildren of U.S. citizens to apply...