Maryland Immigration Legal Questions

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

It really depends upon why he was denied entry. CBP has broad discretion to admit or deny admission to an alien. A valid visa does not guarantee admission to the country. Your brother will be provided paperwork setting forth why he was not admitted. I encourage you to have these documents reviewed by an attorney. It would be best if this could be done while he remained in the country. ... Read Answer

Your spouse is not obligated to file an immigrant visa petition on your behalf. However, it is concerning that your spouse has not done so or indicated a desire to do so. Have you talked to your spouse about it? It could be simply a matter of finances as the filing fees alone are expensive. It could also be that your spouse simply will not. Whether other option are available will depend upon more specific information about your relationship. You should consult an attorney. Many offer phone or Skype appointments. ... Read Answer

Your spouse is not obligated to file an immigrant visa petition on your behalf. However, it is concerning that your spouse has not done so or indicated a desire to do so. Have you talked to your spouse about it? It could be simply a matter of finances as the filing fees alone are expensive. It could also be that your spouse simply will not. Whether other option are available will depend upon more specific information about your relationship. You should consult an attorney. Many offer phone or Skype appointments. ... Read Answer

You must establish your marriage was entered in good faith. Typically, as part of the inquiry, the couple establishes they have a joint residence. However, living together is not required in order to obtain employment authorization or a green card. You will need to be able to explain why you live apart. You will also need to provide substantial proof the marriage was entered in good faith. Make sure when completing all forms you are truthful. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I understand that you wish to help your spouse, but in order to provide any meaningful guidance more information is needed. How did your spouse enter the country? When did your spouse enter the country? Has your spouse ever been arrested? Has your spouse ever been in removal proceedings? What is your spouse's current immigration status. The process varies significantly depending upon your responses to these questions. You should consider consulting an attorney who can provide you a case-specific. In the interim, you can Lear more about family immigration in general at http://myattorneyusa.com/family-immigration.... Read Answer

You must first remove the conditions on your residence. Assuming you remove the conditions on your residence, you could apply for naturalization but not until you have been a resident for five years. You would only be able naturalization to file for naturalization in February 2020 as you may file up to 90 days before your fifth anniversary of becoming a resident. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Your son may be able to apply for a U visa. More information is needed about the crime and investigation to determine his eligibility. While a U visa does confer permanent residence in your son, it may give him a path to permanent resident. I encourage you and your son to speak to an attorney. In the interim, you can read more about the U visa at http://myattorneyusa.com/u-nonimmigrant-status-u-visa.... Read Answer

It is not normal. While some H-1B transfers can take a year or more, the majority are decided in four to six months. You should speak to your employer and the immigration attorney handling the transfer on behalf of the employer. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read Answer

Big trouble in fact. If you mark US citizen on the I-9 it is false claim to U.S. citizenship which will bar you for life from ever obtaining legal status in the USA, plus it's a deportable and federal criminal offense. The I-9 requires back up documents - you don't have any. If your're hired, your employer may be hit with fines and penalties for ignoring the documentation requirements. Consult with an immigration lawyer.......Good luck - Rehim Babaoglu... Read Answer

You are eligible to apply for naturalization once you have been a lawful permanent resident for five years. You may be able to count time during which you were in asylee status if your residence since was not backdated. It appears you card has already been backdated but I cannot be sure without knowing more about when you filed for residence and when you received your green card. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

The Child Status Protection Act may apply. There is not enough information to determine if it applies in your particular situation. You can read more about the Child Status Protection Act at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.... Read Answer

It is often best to avoid travel outside the United States while a transfer petition is pending. If you need to travel, you may want to consider paying for premium processing. At the very least, you should speak to your employer's attorney before leaving the country. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read Answer

You really only have two options. The first option is to wait until your spouse naturalizes and then start the adjustment of status process. The second option would be to pursue an immigrant visa through consular processing. This will require you to obtain a waiver for unlawful presence. You may qualify for the provisional waiver, which would allow you to have the waiver approved before leaving the U.S. You can read more at http://myattorneyusa.com/provisional-stateside-unlawful-presence-waiver.... Read Answer

Possibly. It will depend upon more information about the police record including number of arrests, charges, number of convictions, statutes under which you were convicted, and sentence imposed. It would be best to have an experienced immigration attorney review your criminal history to determine eligibility. In the interim, you can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

You should be able to take your spouse's last name through marriage. Most states allow name change during the marriage process. You need to make it clear that after marriage you wish to be known by your spouse's last name. Should you change your mind about pursuing a green card, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

The mother can file an immigrant visa petition on behalf of her daughter. Her daughter will have difficulty obtaining a green card. The daughter will not be able to seek a green card in the United States unless grandfathered under INA 245(i). The daughter will need to reopen the removal proceedings. Otherwise, she will require both a waiver for unlawful presence and application for permission to reapply for admission after removal. This is a complicated matter. The mother and daughter should meet with an attorney to understand the process involved. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

There are several forms and documents you and your spouse must complete in order for you to obtain permanent residence. Your spouse will need to file an immigrant visa petition on your behalf. You will need to file an application for adjustment of status. These forms must be filed with the required supporting evidence. You may also choose to file a request for advance parole and employment authorization. You and your wife will be called for an interview where you will need to establish the marriage was entered in good faith. This is done through testimony and submission of documents showing you are establishing a life together. For a more detailed description of the process and documents required schedule a consultation with an attorney. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

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 Answer

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 Answer

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 Answer