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14 Aug 2024

Many years ago, my U.S. citizen brother filed an I-130 petition for me. At the time, I was working in H1B status. But eventually, I got tired of waiting and left the U.S. I have just learned that my priority date soon will become current. What is the next step I should take to apply for a green card?

Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you would...

06:32 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
08 Jul 2024

Overview of Parole in Place for Undocumented Spouses of U.S. Citizens

As previously discussed on MurthyDotCom, the U.S. Department of Homeland Security (DHS) announced on June 17, 2024, a proposed program to promote family unity by removing certain roadblocks towards lawful permanent residency (i.e., a "green card”) for qualifying undocumented noncitizen spouses of U.S. citizens. The...

06:06 / Citizen / Family Based / For Families / Homeland Security / Immigrant Family / NewsBrief / Resident
26 Jun 2024

I am a U.S. citizen. My mother entered on her tourist visa a few months ago. She was planning on returning home, but I’m trying to convince her to stay in the U.S. If she agrees, can I sponsor her for a green card now? Or would she have to go back to India for me to sponsor her?

Answer A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green card...

12:24 / B-1 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

12:34 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker
19 Jun 2024

I am a derivative child in a family-based case that was filed for my mother. My mother’s case is current on the dates for filing chart, and the National Visa Center has accepted our documents. Now, we’re waiting for the interview and for the date to become current on the final action chart. Is my age locked in now under the Child Status Protection Act?

Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

09:31 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

12:37 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
30 May 2024

Murthy Snapshot: USCIS Updates Guidance for Family-Based Immigrant Petitions

On May 22, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance in the USCIS Policy Manual on the processing and adjudication of form I-130, petition for alien relative, which is filed in family-based immigration cases. Here are the key points you need...

11:53 / Citizen / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
04 Apr 2024

Murthy Snapshot: USCIS Increases Automatic Extension for Certain EAD Renewals

The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you...

17:27 / For Families / For Individuals / H-4 Dependents / Immigrant Family / L-2 Dependent / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker