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27 Mar 2024

My I-140 is approved in the EB1 category and the priority date is current. I am in India, but will soon return to the U.S. My wife will not come to the U.S. for several months. When I arrive in the U.S., can I file the I-485 applications for both of us?

Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

10:20 / Employment Based / FAQs / For Individuals / Resident / Travel
20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...

14:22 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Travel / Worker
13 Mar 2024

I got a green card through my employer, and I have a son who is a U.S. citizen by birth. We have decided to move back to India for a few years due to family reasons, which will mean giving up my green card. When my son turns 21, can he sponsor me for another green card?

Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024)Sheela Murthy and other senior attorneys provide guidance...

07:56 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Travel
06 Mar 2024

My employer has asked me to travel to the U.S. on my B-1 visa to meet with a client. The client has provided me with an invitation letter. Is it necessary to get the letter notarized?

Answer Ordinarily, there is no requirement that an invitation letter be presented at all when requesting admission on a B-1 visa. However, they can be useful to present as evidence of the purpose of one’s visit. If such a letter is presented, there normally is no...

06:44 / FAQs / For Individuals / Travel / Visitor
28 Feb 2024

Three years ago, I got a green card through my U.S. citizen wife. I am now filing an N-400 application to become a U.S. citizen. The form asks me to list all my travel outside the U.S. over the past 5 years. Is it ok to only list it for the past 3 years, since I am filing based on marriage to a U.S. citizen?

Answer In the past, for clients who are filing N-400 applications based on marriage to a U.S. citizen, we have only listed travel for the past 3 years, and have not found this to be an issue. (28.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that...

14:18 / Citizen / FAQs / For Individuals / Travel
21 Feb 2024

I am renewing my H1B visa stamp, and one of the questions on the DS-160 asks me to list my previous visits to the U.S. Last year, we took a 1-week cruise from the U.S. to Mexico. But, on the CBP website, when we checked our travel history, that exit and entry are not listed. Should we still list this trip on the DS-160?

Answer Generally speaking, any trips in and out of the U.S. should be listed, even if they do not appear on the CBP website. (21.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

13:30 / FAQs / For Individuals / Travel