Maryland Recent Legal Answers from Lawyers

If you are a US citizen, the fact that your husband could not find employment under his OPT approval for over 90 days prior to the I-485 application for adjustment of status being received by U.S.C.I.S. would not matter. Overstaying a visa status is not grounds to reject or deny an adjustment application where the petitioner is a US citizen. However, such may matter if you are a permanent resident as the beneficiary must maintain legal status at all times prior to the filing of the I-485 application. I do note, however, that an immigration officer at the time of interview may very well decide to overlook an application that did not make it by a couple of days, especially in the context of the OPT rule of 90 days. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

This varies from place to place.  Some lawyers will recommend adding a Medical Power of Attorney, Durable Power of Attorney and other documents to keep you in charge while you live.  You may need to call around.  Please note that though we think that our plans may be simple, the law often is not.... Read More

An October 2017 survey found  that across the United States it usually takes about two years to settle an estate.  One reason for this is that the final year's income tax cannot be paid until the next year.  That is, your husband's 2019 income tax return cannot be filed until 2020.  A wise executor makes sure that the correct amount of income tax is paid before disbursing any other funds:  he or she is personally liable to pay the balance if income taxes are not paid in full.  The amount of time a secured creditor (such as a mortgage or auto loan lender) has to submit a claim and the amount of time an unsecured creditor (such as a credit card company) has to submit a claim may vary a bit from state to state.  Two months sounds very short.... Read More

Nowhere near enough information to answer your question.  Are these for tax years prior to filing your bankruptcy case?  Did you file the returns after your bankruptcy case is filed or before?  If before, how long before?   Most likely you will be required to amend your plan to accommodate payment of the taxes.   Your attorney can advise you on what is required.... Read More

A US citizen who sponsors a foreign national for a green card through marriage confers on that foreign spouse the right to adjust status to get his green card as long as the foreign national entered the USA legally. Counsel anywhere in the USA can represent you and some of us charge very affordable flat fees. ... Read More

Yes, that is the best way, and as you are working at an international organization under G-4, you will likely have to file an I-566 interagency report of request- A, G, or NATO dependent employment authorization or change/adjustment to/from A, G, or NATO status. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Assuming that you were not born in Mexico or the Philippines, the waiting time is approximately 12 years, and since it has already been three years, approximately another nine years. If you were born in Mexico or the Philippines, the waiting time would be much longer as persons from Mexico are only eligible to immigrate if a petition was filed by early 1997 and for the Philippines before the middle of 1998. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Yes, your mum can adjust status, if she entered the US legally. Also, more facts are needed. When she entered the US with her tourist visa, what was her intention-To visit or to stay permanently? Discuss with counsel for representation. Some of us charge very affordable flat fees to process the case from start to finish. ... Read More

For a citizen to apply for a parent whether in the US or outside takes approximately a little bit less than a year either way. Usually the best and fastest way is for the US citizen to apply for the parent and for the parent to go through consular processing for the immigrant visa. I note that public charge issues have been more common with US consulates and embassies than with U.S.C.I.S., but that may be changing in light of the new public charge regulations that will come into effect on October 15 barring any delays through court challenges. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Hi Paul.   Typically, the fiancé visa is the fastest route to accomplish your objective. That takes approximately 7-12 months to obtain. After she enters the US, you must marry within 90 days, and then she can adjust status to obtain her green card, which takes additional time. Some of us charge very affordable flat fees to process the case from start to finish. Counsel anywhere in the USA can represent you. Call to discuss. ... Read More

It's not clear to me whether your transaction was an investment (where you have no guarantee of being repaid but share in any growth of the business) or a loan (where you have a right to be repaid but don't share in the ups or downs of the business( or some combination of both.  However, whatever your agreement was, if you feel that the other side has not lived up to their obligtations you would sue them for breach of contract.... Read More

You may qualify for free representation through Volunteer Legal Services or, if not, for the Modest Means program through Lawyer Referral Services.  The SC court may have a pro se (for self) program in which court personnel or attorneys will assist someone representing themselves. The likelihood of getting adequate advice on a nationwide listserv from attorneys who have not seen the documents and do not know the full situation is slim.... Read More

There nowhere near enough information to advise you or answer your question.   Which bankruptcy chapter did you file before?  Did you receive a discharge? What do you mean "the house was not on" your prior bankruptcy case?  Failure to list assets is bankruptcy fraud which is a jailable offense.   You might be able to file a Chapter 13 case now to deal with any arrearages to the foreclosing lender and try to keep your house. Bottom line is that you need to consult with an experienced bankruptcy attorney in your area.  Preferably one that just does bankruptcy--not short sales.... Read More

I am doubtful that U.S.C.I.S. would agree to grant an F-1 student a change of status to B-2 in order that that person could spend a year in the United States doing whatever he or she pleased for a gap year. US immigration officers are only too aware that it was F-1 students who did not study that were the main perpetrators of 9/11. In the event that you wish to apply for a change of status to B-2 anyway, you would fill out the I-539 application to extend or change status, and it usually takes U.S.C.I.S. up to six months to adjudicate the application. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Leaving on voluntary departure even after an overstay of 180 days is not a misdemeanor much less a felony. Most immigration violations are seen as offenses against civil and not criminal law. An overstay of 180 days and taking voluntary departure would have more of an impact on any future attempt to come back to the United States. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

You may have a problem if your current employer sends a request to cancel or withdraw the I-140 approval within 180 days of its approval. Such action could possibly impact the ability to continue the H-1B past the six year standard. If the new company's I-140 petition for you has problems, you would not be able to obtain your permanent residence (I assume that you have not filed an I 485 adjustment of status application). With no history of H-1B/I-140 approvals, factors that might be relevant to consider might be the size of the company in terms of total revenue, employees, and whether the company is profitable. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

 The defendant can file a Motion to Vacate Order Of Default asking the Court to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim. If he does file Motion to Vacate and the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order. If a motion was not filed or was filed and denied, the court may enter a judgment by default that includes a determination as to custody and all relief sought.... Read More