Maryland Immigration Legal Questions

Whether you are H-1B or H-4 on an EAD makes no difference in your organization filing an I-140 preference petition for you. The I-140 petition mainly adjudicates whether the category under which the organization is requesting you under, e.g. EB-2 or EB-3, is appropriate to the type of position and requirements which are being requested in the PERM application; whether you are qualified for the position as stated by the requirements of the PERM labor certification; and whether the employer has the ability to pay you the prevailing wage which is indicated on the PERM 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

She must be a lawful permanent resident for three years to apply for naturalization. She would use the resident since date on her lawful permanent resident card (which should be the date she became a conditional resident) to calculate her third anniversary. She must meet all other requirements to naturalize under the three-year rule. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

It is possible that you were placed in deportation proceedings without your knowledge and that you never received notice of the hearings. If this is the case, you could have been ordered deported without your knowledge and if ever arrested, you would be deported without the benefit of going before a Judge.    In order to determine if this is the case, you can request your immigration file from the Immigration Court and from the Immigration Service. I would recommend doing so with an attorney so that they can properly review the results and advise you on how to proceed if there is an outstanding deportation order. ... Read Answer

You can petition for your spouse to receive an immigrant visa. Petitioning for a spouse has no bearing on whether you will continue to qualify for benefits. Whether you continue to qualify for benefits will depend upon the whether you still meet the eligibility requirements. You may find more information about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

If you decide to go on your own path and not join the request for political asylum, your application to change status to student would be adjudicated on its own merits. 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 use your brother's petition for your family's immigration, he would again have to be the I-864 affidavit of support sponsor. You would not be able to use somebody else's affidavit of support in lieu thereof. You can submit your own petition for your wife and your child under the F-2A category and the processing time will probably be approximately 2 years. For that, you would give your I-864 affidavit of support and if not enough, you would be able to present a cosponsor as long as the co-sponsor's affidavit of support appears to be credible to an interviewing U.S. 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

Your family member must apply for a visitor visa. He/she will need to establish that he/she is eligible for the visa and will depart the United States in accordance with his/her authorized stay. Intent is established by showing strong ties to one's native country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

Your wife faces serious consequences if USCIS and/or the consulate determine the extent of what was done. Your wife is ineligible for an immigrant visa at this time. Her second marriage is not valid for immigration purposes as she was still married. In addition, she willfully misrepresented herself when she applied for her tourist visa. This triggers a permanent bar to admission which can only be waived based upon showing extreme hardship to a qualifying relative.... Read Answer

Hello. An application for asylum is based on credible fear you have for returning to  your country, not whether you are single or married so if you wish to marry it will not effect your application. If you are marrying a US citizen it may provide you with additional ways to stay in the US. Please call me for a free consultation to further explain specifically to your case.... Read Answer

Hello. Contact USCIS at 1 800-375-5283 to explain the error or schedule online an INFO Pass appointment to speak in person to a USCIS officer.  They should be able to correct the error on the visa. If you are unsuccessful please contact me for a free consultation and I will advise on the next step for your particular case. Best of luck.... Read Answer

The US does not give green cards or citizenship based on the situation you describe. You may be eligible for employment based immigration, but you would have to find an employer that can use your skills and be willing to go through the labor certification process with you. That is usually an expensive and drawn out application.  You may wish to consult with an immigration lawyer to go over any options that may be available to you. 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 cannot cannot cancel your husband's green card. Only the Departnent of Homeland Security can seek to terminate your husband's status. You should file a police report and seek a restraining order if he is abusive. You can also notify the Department of Homeland Security about your suspicions that he married you solely to get a green card. ... Read Answer

There is there is no direct path to a green card from TPS. Most individuals obtain lawful permanent residence through immigrant visa petitions filed by a qualifying family member or employer.  You can read more about family-based immigration at http://myattorneyusa.com/family-immigration. You can read more about employment-based immigration at http://myattorneyusa.com/employment-immigration.... Read Answer

A person who entered the United States on a crew member visa cannot adjust status unless grandfathered under INA 245(i). This person can only pursue an immigrant visa through consular processing. Your spouse may qualify for a provisional waiver but there is not enough information to assess the matter fully. I would encourage you to meet with an experienced immigration attorney. ... Read Answer

We can do nothing on these or any other Internet pages. We can only offer our thoughts. You are profoundly confused. Reading your post does leave this impression. For instance, I-130 cannot be approved by an immigration judge. IJ has no jurisdiction to even review the I-130. If you husband is abusive you should immediately complain to the police. Your children's safety and yours should be your first priority. You should also talk to an immigration lawyer immediately. This is the best suggestion we can offer     Immigration Options for Victims of Violence. ... Read Answer