Maryland Immigration Legal Questions

Marriage to a US citizen in a bona fide marital relationship excuses unauthorized employment. Your present EAD is connected with your OPT and it is technically invalid now that you have been unemployed for over 90 days. However, the fact that you will undoubtedly be adjusting status to permanent residence in the US based upon marriage to a US citizen erases that for the most part as a concern to an adjudicating immigration officer. Whether you work on the EAD or without authorization at this point would likely make no difference in 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

Your mother and other relatives should discuss her date of birth and try to establish what it is before your brother petitions for her. Ultimately she will have to present proof of birth in order to immigrate. As long as she still has to do that, she should try to get that step out of the way at the beginning. Even without documents, a certificate from the municipality that she claims to have been born in stating the reason why there is no birth certificate and two affidavits of birth in lieu of birth certificate by persons who know the facts of her birth might overcome the hurdle of lack of 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

For purposes of an I-130 petition establishing relationship, a reliable positive DNA test will be accepted if done under USCIS auspices. The 60-year-old mother should include a letter in her initial filing as to the reason why she cannot supply the birth certificate of the child and wishes to rely upon DNA evidence. 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

Having delayed birth certificates could result in a consular officer's requesting more documentation of birth before issuing immigrant visas. Before the interview, they should attempt to obtain further evidence of birth such as baptismal certificates, early schooling records, or even affidavits in lieu of birth from individual is at least seven-eight years older than them with knowledge of their births at the time that they occurred.You are indeed in a difficult situation in which you will have to choose between having a record of your work and continuing to work for someone that you consider less than honorable in taking credit for your work. Choosing the former course may not be as consequential as you believe as there is not to my knowledge automatic data sharing between U.S.C.I.S. and IRS.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 list of documents for an F-2A minor to have for interview includes valid passport, birth certificate, marriage certificate of parents or proof of parental care or legitimation (if the petitioner is the father), at least two passport style photos, medical examination, police certificate if the age of 16 or over, court records if there was a conviction, I-130 petition approval (in the event that the consular officer wants to see the original), evidence of financial support, and anything else to show the child-parent relationship such as old family photographs.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 marry now or wait till after BMT is solely up to you. You will not be able to seek adjustment of status until he becomes a citizen but that does not keep you from marrying. Keep in mind that marrying now may be better from the perspective of processing paperwork with the military. It can take a few months to get all the paperwork processed so you are reflected as his spouse. You can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read Answer

Usually, a birth certificate establishing the mother-child relationship is sufficient for immigration purposes. However, if there is no birth certificate or there are other reasons to question the validity of the document, additional evidence may be requested such as baptismal or other religious records, early school records, other government records, affidavits, etc. where secondary evidence is not sufficient, DNA testing may be required. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

NVC provides checklists twice during the immigration process – once when it asks for documents to make the case ready for interview and again when it sends out appointments for interview. The checklist for interview notes the documents that you have submitted, what documents are not applicable, and the documents that you are expected to bring to the interview.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 be eligible for naturalization. A more thorough review of your travel history is needed to assess the matter. It is not enough to be physically present in the United States 30 out of the past 60 months. You must also establish continuous residence. An absence of six months or more will trigger a presumption that you have not continuously resided in the United States. You can read more about eligibility for naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

You should not be married before you leave the country unless your fiancee is a US citizen and can sponsor you for the green card. Your mother is either filing for you under immediate relative status as a child under the age of 21 and unmarried, F-1 category as unmarried son or daughter over the age of 21 of a U. S. citizen, F-2A category as the child under the age of 21 and unmarried of a lawful permanent resident (LPR), or F-2B category as the son or daughter over the age of 21 and unmarried of an LPR. Getting married prior to receiving permanent residence would adversely affect any of the above petitions. 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 gather sufficient evidence to convince U.S.C.I.S. that you have had a bona fide marriage in which you were living together, you can remove the conditional basis of your residence status at any time after you obtain your divorce and before the expiration of your two-year residence on 5/30/17. In the event that the removal of conditions is allowed, you would have to wait 5 years instead of 3 years to submit your application for citizenship. Such would be in 2020, and since the law allows you to submit 90 days ahead of time, you could put in the N-400 application at the end of February or beginning of March 2020. 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

DNA is typically consider conclusive evidence of a mother-child relationship. However, keep in mind, you must use authorized DNA labs. Consider working with an attorney to make sure the case is handled properly. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You have made the same inquiry on multiple occasions. As I previously stated, a birth certificate is typically sufficient evidence of the mother-child relationship. However, given your birth was registered late, you may be asked to provide additional evidence to establish the relationship or even to provide DNA test results. If you are concerned, consider working with an attorney. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You may be required to submit evidence related to your education. This is especially true if you are seeking adjustment of status in the United States and you are in the country on a student visa. You are required to establish you maintained your nonimmigrant status up until filing of the adjustment of status application. For someone on a student visa, this is done by submitting school records. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Have you been asked to produce anything beyond the birth certificate at this time? If not, you are stressing over something that may never become an issue. If so, a DNA test can be conclusive evidence of the mother-child relationship. The DNA testing must be conducted by an authorized organization. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is best take all documentation that may be requested to the interview. This will avoid delays in the adjudication of your application. Whether the records are likely to be needed would depend upon more information about the case and the interview. For example, are you seeking adjustment of status in the United States? If so, the records will likely be relevant to determining if you maintained lawful nonimmigrant status. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Unfortunately, the late registration of your birth may call into question the mother-child relationship. You may be asked to produce additional evidence to establish the relationship such as family photographs, affidavit, religious records, or even DNA. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You do not necessarily need to submit childhood photographs unless specifically asked. Typically, the birth certificate is sufficient evidence mother-child of relationship. If you do not have a birth certificate or your birth certificate is called into question, you may be asked to produce additional evidence. You may even be required to undergo DNA testing. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer