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gregspirited

GC for family- Murthy Lawyer recommendation

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Hi - Couple of months back I consulted with one of Murthy’s lawyers. I’m a LPR and have applied I-130 for my daughter and wife. The lawyer’s recommendation was to not wait for any visa numbers as my GC was originally approved under EB2 employement category back in 2012. He suggested that I could apply for 485 and visa number wait is not applicable in my case. 

I did talk to another lawyer who is a family friend. He is suggesting that it may not be possible and have to wait for visa numbers under F2A category. 

Now which is the correct advice and how should I proceed? Any advice is greatly appreciated. 

 

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You do not specify details. When did you get the GC? When were you married? How old is your daughter? What is their status now?

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I got my GC in Feb 2012. Went to my home country for 2 years from 2014-16 with a re-entry permit. I was married in 2006 and couldn’t add my spouse since she was in J1 visa at the time. My daughter is now 4 years old. Both my wife and my daughter are in h1 and h4 Visa currently. My wife visited the US on B2 tourist visa 2-3 times while we were temporarily stationed in our home country between 2014-16. 

Hope this helps! Thanks again 

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You should touch base with the Murthy lawyer and ask for clarification. Did you pay for one consult or did you plan to retain them? You were obviously married before the GC and hence your spouse should be able to file for AOS if your dates are current. I cannot help with The child scenario. Call the firm and ask if you can have senior representation which will obviously cost more. Do not listen to friends specially if they are not Immigration Lawyers. Frankly the scenario where the child was born elsewhere after you got the GC makes it a complex matter. Sorry, I cannot really suggest anything useful.

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