Maryland Recent Legal Answers from Lawyers

Based on the information that you have provided, if the child's mother is deceased and there is no court order in place granting custody of the child to someone else, your son has the authority to appoint a guardian or custodian of the child while he is unavailable.  If the child has been living in West Virginia for 6 months, West Virginia is the "home" state of the child for custody purposes.  You will need to retain a West Virginia attorney to assist you in the custody case filed by the maternal grandmother.  However, if there was a custody order in Maryland and your son continues to reside in Maryland, Maryland may have continuing jurisdiction over the custody of the child.  It may be possible to have the West Virginia case dismissed and then custody could be determined in the Maryland court.  I practice exclusively in Maryland so I cannot comment on the West Virginia custody matter.... Read More

You state that the child is a "9 month year old."  If the child is 9 years old and there is a currently existing custody order or agreement, you will need to modify the existing custody order and/or agreement.  A modification is different from an initial order of custody if the other parent has been involved with the child even to a limited extent. If there is not an existing agreement and/or custody order, you should file a complaint for custody with the court and ask that you be awarded primary physical custody of the child.  You should also ask that the court determine an appropriate parenting access schedule for the father.  You should explain in your complaint that your husband is in the military and that you anticipate that he will be stationed in California when he returns from deployment and that you and the children will need to move there to be with your husband.  You may also want to ask for sole legal custody if you and the father of the child have not been working together toward co-parenting and it will be difficult being so far away.  Finally, you should ask for child support if the father is employed. Generally, the court takes into account the best interest of the minor child when awarding custody.  The court is also interested in protecting the parenting access of the non-custodial parent in order to foster the continuing relationship with the child.  If the father has not been involved with the child as you mention, he may just be allowed parenting access if he comes to California to visit the child.  If he has been involved, the court may order that the child return to Maryland periodically to have access with the father, such as during the summer.  You may be ordered to pay for the travel for the child to have access with the father, the travel expenses may be divided between you and the father, or any child support award may be reduced to take into account the costs of travel for the parenting access with the father. Based on the facts that you have provided, it is likely that the court would allow you to move with the child to accompany your husband to his duty station.  It is certainly in the best interest of your unborn child that you will be having with your husband that you and that child live with your husband. I would strongly recommend that you contact an attorney who is experienced in child custody matters to assist you.  The complaint for custody form can be found on the Maryland Judiciary website under Family Law Forms, along with a short form financial statement that should be filed with the complaint if you are asking for child support. ... Read More

Your question seems to involve both child support and child custody.  You can apply to the Department of Social Services to recalculate the appropriate amount of child support based on what you perceive to be a change in the income status of both parties.  You and the mother will be required to provide certain documents to prove your respective incomes and the amount paid for the child's health insurance and any other items that may be a factor to consider, such as private school or medical expenses for the child in excess of $100 per month.  You may not need an attorney if both of you are employees and receive W2 or 1099 wages.  If one of you owns a business, it may be advisable to have an attorney to represent you. With regard to the change in living arrangements, if the mother is in agreement to the change in living arrangements you may be able to draft a simple agreement, but it is often a good idea to at least have an attorney review the draft agreement to make sure that you have the appropriate language and to point out any issues that might need to be addressed for the court to approve the agreement.  If the mother is not in agreement, you will need to hire an attorney to assist you to prove that the change in living arrangements is in the best interest of the minor child.  Another option that you might consider is to see if the mother will agree to participate in mediation to try to work out the details of a change in the custody arrangement. The cost of filing to recalculate child support is very minimal.  Hiring an attorney to represent you in the child support and/or custody matter will depend on your location and the complexity of the case.... Read More

You would need to petition for him as an employer for a work visa. The process will depend upon the type of work visa needed. A determination as to which visa would work best requires more information about the company, position offered, and your brother's education, experience and skills. Keep in mind that the job must be bona fide. You may face increased scrutiny about the position of hiring your brother. You can read more about the different work visas at http://myattorneyusa.com/work-visas.... Read More

There is a lot that must be done. The daughter who is otherwise eligible to adjust her status will need to seek reopening and termination as to her case only. Essentially, her removal proceedings need to be to be severed from the rest of the family. The remainder of the family would not necessarily be entitled to termination. The process varies from jurisdiction but usually involves a joint motion with the Office of Chief Counsel. I encourage you to consult an attorney to make sure the matter is handled properly. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.... Read More

That depends upon whether your son gained any immigration benefits from his adoption. For example, if his adoptive parents gave him immigration benefits to the U. S., he would not be able to petition for you as his natural mother. If he immigrated independently to the U. S., he would be able to petition for you assuming that he goes to court and terminates the adoption. 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

Whether you are H-1B or H-4 on an EAD makes no difference in your organization filing an I-140 preference petition for you. The I-140 petition mainly adjudicates whether the category under which the organization is requesting you under, e.g. EB-2 or EB-3, is appropriate to the type of position and requirements which are being requested in the PERM application; whether you are qualified for the position as stated by the requirements of the PERM labor certification; and whether the employer has the ability to pay you the prevailing wage which is indicated on the PERM 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

She must be a lawful permanent resident for three years to apply for naturalization. She would use the resident since date on her lawful permanent resident card (which should be the date she became a conditional resident) to calculate her third anniversary. She must meet all other requirements to naturalize under the three-year rule. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read More

It is possible that you were placed in deportation proceedings without your knowledge and that you never received notice of the hearings. If this is the case, you could have been ordered deported without your knowledge and if ever arrested, you would be deported without the benefit of going before a Judge.    In order to determine if this is the case, you can request your immigration file from the Immigration Court and from the Immigration Service. I would recommend doing so with an attorney so that they can properly review the results and advise you on how to proceed if there is an outstanding deportation order. ... Read More

You can petition for your spouse to receive an immigrant visa. Petitioning for a spouse has no bearing on whether you will continue to qualify for benefits. Whether you continue to qualify for benefits will depend upon the whether you still meet the eligibility requirements. You may find more information about family-based immigration at http://myattorneyusa.com/family-immigration.... Read More

If you decide to go on your own path and not join the request for political asylum, your application to change status to student would be adjudicated on its own merits. 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

To use your brother's petition for your family's immigration, he would again have to be the I-864 affidavit of support sponsor. You would not be able to use somebody else's affidavit of support in lieu thereof. You can submit your own petition for your wife and your child under the F-2A category and the processing time will probably be approximately 2 years. For that, you would give your I-864 affidavit of support and if not enough, you would be able to present a cosponsor as long as the co-sponsor's affidavit of support appears to be credible to an interviewing U.S. consular officer.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

Your family member must apply for a visitor visa. He/she will need to establish that he/she is eligible for the visa and will depart the United States in accordance with his/her authorized stay. Intent is established by showing strong ties to one's native country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read More

You need to file a Motion for Contempt and for an Income Withholding Order so the child support will be deducted from his paycheck. When the support payments are funneled by court order through the office of child support enforcement-his tax refund will be intercepted to pay on his arrears and he could lose his driver's license. You don't say if you have full custody and he has visitation. If so you might also file for supervised visitation to prevent him from lying to your children. You should hire an attorney to help you if you can.... Read More