Maryland Immigration Legal Questions

Your parking lot accident had nothing to do with criminality, and so is not required to be reported on form I-485. The form on item 25 only asks whether a person has ever been arrested, cited, charged, or detained for any reason by any law enforcement official including but not limited to any US immigration official or any official of the US Armed Forces or US Coast Guard. 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

I suggest that your first step would be to obtain complete copies of his files and consult with an immigration lawyer with expertise in removal and waivers who can assess what can be done with your husband’s case. Most good immigration lawyers belong to the American Immigration Lawyers Association. 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 Answer

Generally speaking, DHS would not allow a deportee to return to disprove a charge for which he was convicted or pleaded guilty. To DHS, having a disability is not a persuasive reason for coming back to the US, especially with the present emphasis on enforcing the public charge provisions. 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 Answer

The issuance of a visitor’s visa to the United States after leaving the country is in the discretion of the US consular officer. The length of time that you stayed in the US will be a negative factor in deciding whether to issue the visa. I note that if you are in proceedings before the immigration court, you will find it very difficult to withdraw your asylum case. If your pending asylum case is with USCIS, there is the added risk that the asylum office may issue you a notice to appear before the immigration court instead of only terminating your case. 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 Answer

Yes you certainly can sponsor mom and dad for their green cards, but you will need a joint financial sponsor to help. Consider retaining counsel to represent you from start to finish. Some of us charge a very affordable flat fee to take the case from start to finish (no hidden fees)  Counsel in any state can help you. ... Read Answer

Every I-485 applicant must be present in the country at the time that the application is filed. Once an I-485 application is filed, travel is restricted except for those on H or L visas or advance parole. 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 Answer

In your situation involving applying for a parent with a voluntary departure order, it is probably best for your father to obtain a copy of his entire immigration file and have an immigration lawyer look at it to give an opinion as to whether the case can be done. 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 Answer

Your US citizen brother can sponsor you but it would take over 10 years before your priority date became current and you have to be in status and maintain status if you're adjusting within the US. So when your stay in the US expires you need to go home unless you can continue lawfully in another status or an extended current status. ... Read Answer

You can't "buy" a joint sponsor. You can ask family friends or co workers to assist. If that doesn't work you can get a second job to increase your income. Third you could qualify based on the asset test. If you have assets that can be quickly turned into cash within 12 months, you could qualify based on that. Counsel can assist you in preparing the documents correctly so you won't get denied. Usually after you get an RFE (Request For Evidence) from the government, if you do not provide the missing evidence they require then most times your application will be denied. This means you will lose all the filing fees you paid and waste that time you invested in the process. If you start over again you will have to pay all the filing fees again. Retain counsel anywhere in the USA for representation. Some of us charge very affordable flat fee representation from start to finish. Good luck. ... Read Answer

Assuming you're a US citizen you can sponsor your fiancé for the k visa, provided you have physically met within the last two years. Once you're married in the USA, fiancé needs to adjust status to get her green card. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee. ... Read Answer

The financial affidavit of support forms are going to be changed commencing February 24th due to the new Trump public charge rules that take effect. The rules have been drastically tightened to prevent intending immigrants from being admitted whom the DHS considers would "likely become public charges." I suggest you work with counsel to maximize your chances of success. Counsel anywhere in the USA can represent you. Good luck. ... Read Answer

Where parents are concerned, interviews are usually fairly simple since the relationship has already been approved by U.S.C.I.S. Questions may be asked as to how he will be supported by you or a cosponsor if one is needed, and whether he fits within inadmissible groups. If you have doubts as to whether an interpreter is allowed, you can always look up the telephone number of the embassy and ask. Having an interpreter is not a negative factor. 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 Answer

Generally speaking, people immigrate to the US through family relations or employment skills. Unless born in India, your brother's immigration under employment which in most cases involves a sponsoring employer would be a much faster way for him to come. If he does not have the option, perhaps your sponsorship of him would be his best and only option. Although anyone who has been petitioned for US immigration has immigrant intent and visitors are only supposed to have nonimmigrant intent, US consular officers and border officials are cognizant of the long time involved in a sibling petitioned case and are usually only interested in determining that an individual's trip to the US during the time of processing is truly temporary and that he or she has a definite intent to return to the home country at the end of the time of visiting. 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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer