Maryland Immigration Legal Questions

Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US, the principal must file for an I-824 Application for Action on an Approved Application or Petition to allow USCIS to send a copy of proof of your adjustment of status so that your spouse can begin the consular processing. There is no simultaneous processing of adjustment and consular action. The dependent is usually able to interview and come over within a year of the principal’s approval as long as there is continued visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

The sixty day grace period for H-1B holders to find new H-1B employment is capped by the H-1B expiration date. Your second employer filed a timely H-1B change of employer petition, and you would not accrue unlawful presence until the petition is denied. Hopefully your new employer is able to respond effectively to the NOID. Your employer can submit a new petition explaining the circumstances of the new late filing, and it will be up to USCIS whether to favorably forgive the late filing or not. As you note, there is an issue with accruing unlawful presence if the first H-1B petition is denied. To avoid being barred by accruing 180 days of unlawful presence, your employer can perhaps file the petition with a request for premium processing on form I-907. USCIS should then reach the petition for adjudication within 15 business days. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Under the H-1B registration system, organizations register candidates online with USCIS in the hope that their candidates will be selected. The selection is particular to the sponsoring organization and particular to the candidate, which means that the beneficiary is restricted to being sponsored on the H-1B petition after selection. In addition, for those selected, the H-1B petition must be filed by June 30. In your situation, the date is past and an outside company cannot take up the sponsorship of another organization. Sorry. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

A US citizen child over 21 can sponsor both mom and dad as long as mom and dad entered the United States with permission. This is true even if many decades have passed since that lawful entry and they've been out of status the entire time. Yes, the US citizen child needs to file an 864 affidavit of support establishing that he has the minimum income level necessary to sponsor his parents based on his household size. However, if you do not qualify, then you can engage a joint financial sponsor who does have the minimum income necessary. A joint sponsor can be anybody with US citizenship or a green card that lives in the United States. You should work with an attorney. Some of us charge a very affordable flat fee to represent the clients in cases like this from start to finish. Counsel in any state can represent you.     ... Read Answer

As an individual having a final order of removal and not having appealed on time, your husband’s present immigration case will most likely not save him. He may, however, be able to go through the I-601A process, an Obama program, to get a green card as long as it is not rescinded by incoming President Trump. The mechanics are that you would file an I-130 relative petition; he would file an I-212 conditional request for advance permission to enter the US; and if both are approved, he would file an I-601A application for waiver of grounds of excludability based upon extreme hardship to you if he and you are separated for a long period of time. Assuming that the application is approved, he would complete consular processing and return to the home country for an interview with the American consulate or embassy. If approved at interview, he would return to the US with permanent residency. The process is currently taking about 4-5 years at this time. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Although the federal agencies do not disclose what databases are shared, I do not believe that a consular post would have access to information from USCIS that you applied for information under the Freedom of Information Act. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Background checks are generally to ascertain information other than immigration status, and so I do not believe that the fact that you do not have the EAD card in hand at this time will impact the check. Lack of a Social Security number may have an effect as it lessens the amount of available information about you. Of course, if the employer offers you the position, you will have to submit evidence of employment authorization (the actual card)  and fill out the I-9 employment authorization verification form. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Yes, if you are a US Citizen. A US Citizen can sponsor a foreign national who entered the US on a tourist visa and file the green card even if the foreign national has overstayed his visa. Work with a lawyer. Some of us charge an affordable flat fee to handle the case from start to finish. The processing speed take about 20 months and involves filling out many forms and collecting many documents. Call for a free consultation. ... Read Answer

Whether your wife will be able to come to the US on her present B1/B2 visa during the time that her green card application is pending depends upon whether she is able to convince Customs and Border Protection (CBP) officers at the airport or the port of entry of her intention to only stay in the US for a short period of time and then return to the home country. Having an I-130 petition marked for consular processing overseas is helpful. The temporary visit should not be with the intent to cover most of the waiting time and only have your wife return for a consular interview. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

To extend a B-2 stay in the US, you would file Form I-539 Application to Extend/Change Nonimmigrant Status at the appropriate USCIS service center with filing fee of $455 prior to the expiration of your present allowed stay. Your fact situation does not contain enough information to assess how you may be eligible to work in the US. I suggest that you make an appointment with an immigration lawyer who can go over your possible options for employment. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

A United States green card holder can sponsor a Spouse who is on an F1 student visa. The priority dates for your sons category on the visa bulletin board department of state website is "current" as of today's date. So if his spouse stays "in status", then he could sponsor her and she could file for adjustment of status to get her green card. You should retain counsel anywhere in the United States for legal representation, to handle the case from start to finish.... Read Answer

Although USCIS has seemingly improved the spacing of time between when it says that it is actively reviewing and actually coming to some adjudication or request for evidence on cases, we have seen cases where actively reviewing has not meant much as the time for adjudication drags on and on. Hopefully, you will soon have an adjudication. As you are likely aware, cases cannot be checked with USCIS which are within the published processing times. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

This is a bit more complicated.  Did you have an attorney?  Did the attorney file form N-600?  What did the Immigration Court order state?  Was the case dismissed "without prejudice?" At this point, given the seriousness of the situation and the potential for a new Notice to Appear to be issued by ICE or USCIS, I strongly recommend a consultation with a competent and experienced immigration attorney, who can parse through all of your documentation.   If you no longer have your documents, an experienced immigration attorney should know how to request copies for review, but it may take some time to retrieve them.... Read Answer

Well, you should have filed another N-600 sooner, but you may need help from a competent and experienced immigration attorney.  It is unclear whether the USCIS will honor the Court order, even if it 'seems to be' obligated to do so.  Again, an experienced immigration attorney ought to take another look at the Immigration Court decision before you file, again.  Otherwise, if the order is somehow terminated without prejudice, you may be placed in deportation proceedings, again!... Read Answer

There is the possibility that you can work in India to extend the time that you can recapture for purposes of your H-1B visa status. You can also wait and see whether the PERM labor certification will be approved within an acceptable period of time. If so, your employer can apply for premium processing of the I-140 petition. If the I-140 is approved, the American Competitiveness Act in the 21st Century (AC-21) allows for extension of H-1B status so long as the beneficiary’s country quota is backlogged. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

The green paper’s purpose is to alert USCIS personnel that a rejected application is being resubmitted. It makes it easier for USCIS to identify re-submittals. If you are resubmitting the entire package and timing is not an issue, the green sheet has less value. On the other hand, it has more value as an identifier if USCIS has already separated the materials, retained some, and returned the rest to you. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

You can attempt to contact USCIS with the information and ask that it be included in the I-130 petition. This is a good possibility if the petition was filed online. On the other hand, a paper filing may involve a lot of work and indifferent success in having the newborn added to the petition. You may also wait until the time that the petition is approved and sent to the National Visa Center. Informing the Center is an easier way of adding the child. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

There is no immigrant visa category that allows a permanent resident to sponsor a sibling. Assuming that you are able to make provision for her medical treatment in the US which she is incapable of receiving in Mexico because of the more advanced state of medicine in the US, you may be able to have her apply for a visitor visa to come for medical treatment. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

Your best case scenario appears to be no problems with the labor certification application and having an approved I-140 by the time that the six years runs out on your H-1B status. In that case, your company can file for an extension of the H-1B while you are in the US. The chances on that depend upon the labor certification application description and requirements, how the recruitment process goes, and the financial viability of your company – all of which cannot be foretold without knowing all of the facts now and when your company begins the process. The worst case scenario is that your labor certification application is denied and your avenue is closed. In less dire circumstances in which there is an audit which delays labor certification approval until after your six years is up, you can either attempt to remain in the US on another nonimmigrant status or go out of the US and work for the same employer or another employer until you have an approved I-140 petition, at which point your employer can file a H-1B petition extension for you, which if approved, would allow you to return to the US. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer

There is no adding together of the income and assets of you and your cosponsor unless your cosponsor is also a household member. Otherwise, your I-864 and his/her I-864 are considered separately. In looking at your cosponsor’s income, the adjudicator generally looks to see whether the affidavit of support is credible and the number of dependents that the cosponsor is supporting along with any others that he or she has sponsored in the past and is still legally obligated to render support to if the immigrant later receives means tested public benefits. Looking at the poverty guidelines, income of $50,170 is sufficient to support seven individuals including the cosponsor. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Answer