Maryland Immigration Legal Questions

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 Answer

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 Answer

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 Answer

I believe that you would find it difficult to have your father come to the U. S. Insofar as the I-130 petition is concerned, U.S.C.I.S. would approve it as long as the relationship can be proved, but he would have to appear for an interview before the American consulate or embassy. The first question would be whether he understands any of the assertions that he is making on the immigrant visa application. Without being able to understand whether he falls under any of the bars such as for crime or terrorism, it would be difficult for a consular officer to pass him on the application. The second question is whether he would be inadmissible because of his condition. The condition is not a ground of inadmissibility, but there is a problem with the financials. Unless you have very high financial resources or a financial cosponsor with such under which you could assure the U. S. government that he would not become a public charge, the visa application would fail on that account. 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 ICE already has a valid passport or transportation document for your family member's home country, the delay could be attributable to inattention or lack of communication in ICE or waiting until ICE can have a full plane. ICE handles deportations through ICE Air Operations and unless the deportee is of special interest, people fly on airplanes like the Boeing 737 with a maximum of 135 detainees. Each flight includes security personnel and a nurse. ICE was criticized in a DHS Inspector General report earlier for flying detainees on flights that were not full. I assume he should be traveling soon. His legal representative can check with ICE on an expected time of departure.  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

To do so, you would have to break the adoption with your adopted parents. To US immigration, you cannot claim to be the child of two sets of parents. 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 wife could perhaps take on another course of study in another subject. She could also register for continuing education courses such as offered by an institution such as Kaplan. Another short-term option is applying for a change of status to B-2 visitor, but such could only be requested for 6 months, and she would have to make a further application to extend all the way to February. As you are a U. S. citizen, have you thought about the possibility of sponsoring her directly for permanent residence? If so, you and she could file a concurrent I-130 Petition for Alien Relative and I-485 Application to Register Permanent Residence or Adjust Status with U.S.C.I.S. at any time, and she would be allowed to stay in the U. S. during the pendency of the application. If she needs to travel, she would apply for an I-131 Application for Travel Document and for work privileges form I-765 Application for Employment Authorization. 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

An individual who falls within the immediate relative class (spouse, parent, or child under the age of 21 and unmarried) of a U. S. citizen is still able to adjust status even if overstaying his or her present visa status. When a concurrent I-130/I-485 application is submitted for such an individual who does not have other inadmissible factors, that person falls within a state of grace in which he or she is not technically legal, but in which DHS will generally take no action against the individual until the case is completed. 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 committed a CIMT in 1994, you should be able to apply for a waiver at the time of interview as the offense occurred more than 15 years ago as long as your admission to the U. S. would not be contrary to the national welfare, safety, or security of the United States, and you have been rehabilitated. 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

It's not that simple to be deported. Are you married to a US Citizen? Please call my office and speak with the immigration specialist. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in ID... Read Answer

Before the Trump administration, a common tactic was to request prosecutorial discretion from DHS to drop the removal proceedings. The chances of that happening are much less now, but perhaps your attorney can still give it a try. Even though it has been almost 10 years since you came to the US, you would not be eligible for cancellation of removal, the so-called ten-year green card, because the government stops counting time once you are served with a notice to appear in the immigration court. If you or your wife have any skills and/or education and can be sponsored by an employer (most likely through a labor certification), you could perhaps go to Canada or your home country and wait until all the papers are approved for you to interview at the home country consulate or embassy for immigrant visas for yourself and your wife. If Immigration never revoked or denied your F-1 and you just naturally fell out of status, you would not be barred for 3/10 years (assuming that you are not ordered removed) because of your overstay as unlawful presence for that purpose is only counted beginning from when U.S.C.I.S. denies or revokes the status or you receive an unfavorable ruling from the immigration court. Your other options are to apply for withholding of removal if you have been persecuted or have a probability of being persecuted in your home country because of religion, nationality, social group, political opinion or race, or for your wife to sponsor you to live in Canada. 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

U.S.C.I.S. encourages individuals to remain in legal status during the process of applying for permanent residence, even if they become married to U. S. citizens. In your situation, you can continue working for your G-4 employer during the time of your processing for permanent residence. You do not have to quit your job in order to be married and then present your documents. 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

It would be courteous to inform the embassy of your mother’s death so that her case can be closed out. Insofar as your siblings are concerned, you can sponsor them under the F-4 category for siblings of U. S. citizens, and the time for final processing would be approximately 12 years. Otherwise if they have education and/or skills which are required in the U. S., they may be able to eventually obtain nonimmigrant or immigrant visas. Also if they form an attachment with a U. S. citizen or LPR, they may be able to immigrate faster under the family based 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

In looking at the current processing times of U.S.C.I.S., both I-129F’s and I-130’s appear to be approximately 6+ months in processing. The request to correct an error on the I-130 would possibly delay the timing to adjudicate the I-130. With the K-3 being filed 2 months later, there is a chance that the I-130 may be adjudicated before the K-3 or that the I-130 could overlap the K-3 in the next step of processing at the National Visa Center. In such event, the NVC would stop processing the K-3 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 Answer

Whether you are issued a visa after DNA results are positive depends upon whether there are other inadmissibility bars to your immigrating to the US. I assume that this is a family based case as DNA results would otherwise not be relevant. Another question is whether the DNA test was requested by the US Consulate or Embassy or USCIS or whether you and your related party took an independent test. In the latter case, the result may not be given full validity by a 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 Answer

Not having the name Brandon on your mother's birth certificate would probably not be a hindrance. She can obtain two affidavits from individuals who are at least seven years older than her who can attest to the facts of her birth and explain (if they can) why the name Brandon was left out. You can also have a DNA test run to prove that she is your mother. Two notes – if the name Brandon came through a marriage, there would be nothing to explain. Also for you to sponsor your mother, she would have to first become a lawful permanent resident through your sponsorship and then later apply for citizenship after five years.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

1. You typically need to have adopted the child not simply have custody to bring him to the U.S. There are son options that such a humanitarian parole that may be requested but whether this would be successful will depend upon specific facts. 2. It will depend upon the requirements for adoption in the country where the child resides. ... Read Answer

An applicant for immigration is not barred from visiting the US during the time of immigrant visa processing if he or she can convince U.S. Customs and Border Protection officers at the port of entry that he or she does not intend to remain in the US and will exit the US upon completion of the 90 day ESTA period.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