Maryland Immigration Legal Questions

You should contact the officer who interviewed you.  You will probably have to return to the USCIS office where you were interviewed and sign a new set of photographs for your file.  I would send a letter to the USCIS office or schedule an info pass appointment. Michael Henry 215-218-9800... Read More

Are you a U.S. citizen? Are you sponsoring your husband for a green card as an immediate relative? If you are a U.S. citizen and your husband last entered the U.S. with inspection but is an overstay, he may be able to file for and obtain his green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.  The big issue in these type of cases is proving his last lawful entry.  If he had a passport stamped or he was documented in anyway, that makes the process a little easier. There are several issues to review before filing any paperwork for someone who is here in the U.S. w/o any status.  You want to make sure that he is eligible for whatever he is pursuing and that the filing does not trigger placing him into removal proceedings. You should consider consulting with an immigration attorney before filing anything. You can find some general information on the marriage-based green card process at: http://www.familytousa.com/green-card-through-marriage-ad/ Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com... Read More

You can still apply for permanent residency based on your marriage IF your spouse is a US Citizen. However, if you are in removal proceedings, I highly recommend hiring an attorney. The process can be quite complex navigating the I-130 filing and the removal proceedings based on marriage. Also, depending on the timing of your marriage with regard to the start of removal proceedings, the law may assume that your marriage is fraudulent. It can be done, but you and your spouse need to work in a coordinated effort with any attorney you hire.... Read More

You are unfortunately stuck in the situation where you will not be able to adjust status on the basis of winning the visa lottery unless you are also the beneficiary of section 245(i). That section allows most illegal aliens to adjust status upon the payment of a $1,000 fine if they have had a labor certification application or immigrant visa petition filed on their behalf by April 30, 2001, and were physically present on December 21, 2000. An earlier and still effective version of section 245(i) does away with the physical presence requirement if the labor certification application or immigrant visa petition was filed by January 14, 1998. If you cannot adjust status to permanent residence here in the States, your ability to obtain an immigrant visa from winning the visa lottery would then depend upon your possible success in consular processing and interviewing at the American consulate back home. Under present law, you would be barred from returning to the States for three years if you overstayed by 180 days. In the event that you overstayed by one year, you would be barred from returning for 10 years. If you do do not fall under the bars, you could attempt to consular process your case with the realization that your immigrant visa processing would have to be complete by the end of the fiscal year, September 30th. The rule of the visa lottery is that you must immigrate during the year that you are eligible. The government fiscal year runs from October 1st to September 30th.... Read More

I am sorry that your mother is sick. Your brother could apply for a B-2 visitor visa at the U.S. Consulate.  he will need to show strong ties to his home country including employment, residence etc.  he will need to prove that he is only visiting to see his mother and is not a risk to stay in the U.S. permanently.. It may also be helpful to provide a letter and provide any documents concerning your mother's health. With so much of his family already in the U.S., the big challenge for him will be to docuemnt and prove that he will only visit. See: http://barbados.usembassy.gov/visa-tourist.html Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

Affirmative asylum cases are complicated and require much effort.  If you are serious about proceeding, find a lawyer to assist you in the process.  The form that support an affirmative asylum application is I-589, but the case would require much more than the complete form.  You can find the form and its instructions on the USCIS website (uscis.gov).  I would be happy to assist you with your asylum claim if you contact me, but any lawyer with experience in asylum cases can help you.... Read More

There is not enough information in your question to give you an answer, but generally if you file for naturalization based on marriage to a U.S. citizen you have to prove you have been living with that U.S. citizen for the 3 years prior to your application. If your marriage was legitimate you may qualify for citizenship based on the 5 year rule. You should contact an attorney to review the prior denial to best advise on your case.    Karen Weinstock Siskind Susser P.C. 404-592-2085... Read More

Hello,   As a U.S. citizen, whether naturalized or by birth, you can remain abroad as long as you wish without having to return here every six months to keep your citizenship 'active'.  This is one of the advantages of being a U.S. citizen instead of a legal permanent resident. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read More

Your question requires more answers from you asked by an immigration lawyer. There is simply not enough information to answer it as asked. It is a difficult case. One major problem is that your husband, if trying to adjust to a green card at his home country's U.S. consulate, would have a 10 year unwaivable bar and have to spend 10 years out of the the U.S.A. (This is because he re-entered after being deported) I would urge you to consult with and hire an immigration lawyer to assist you with this case in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result. Rehim Babaoglu, Attorney At Law THOMASON, HENDRIX, HARVEY JOHNSON & MITCHELL, PLLC Suite 2900, 40 S. Main St. Memphis, TN 38103-5529 tel: (901) 525-8721  fax: (901) 531-8514 e-mail: BabaogluR@ThomasonLaw.com website: www.thomasonlaw.com... Read More

The simple answer is it depends. It depends on whether the application is to be filed with USCIS or the Immigration Court. Attorneys all have different price structures. Some charge by the hour. However, in my experience most charge a flat fee. For asylum, I think you will see a broad range of pricing. So predicting exactly what one person will charge is next to impossible. While cost is certainly a factor, it should not be the only factor in hiring an attorney. Make sure it is someone you work well with and understands your claim for asylum; that he or she explains their fee structure clearly and in a way that you understand; that is not only concerned with getting money up front; they she or he has done asylum cases for persons from your country before. All are valid things to consider.... Read More

Hello, I would suggest that you contact your local child support government authority to let them know of your payment arrangement for the outstanding child support and enquire about an early termination of the passport suspension now that payments are being made. Do take any necessary documentation to show the urgent need for travel. Good luck.  Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen  ... Read More

    Hello, There is a lot of missing information that is needed in order to provide an answer. It is not clear what your immigration status is and the answer may vary depending on a variety of factors such as if you are here on a visa, illegally or have a green card. Also, if you were not convicted, and have no other brushes with the criminal justice system, you may be permitted re-entry depending on your current immigration status. It is a good idea to take the relevant court transcripts and proof of your current immigration status to a local immigration attorney so that you can be certain before you travel that you would be permitted re-entry.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike _________________________ Law Offices of Doreen A. Emenike... Read More

Immediate relatives are only parents, spouses, and children (unmarried and under 21) of US Citizens. As you are a green card holder, you can only file for Spouses and children in category 2A or unmarried son/daughter (over 21) in category 2B.  How long it would take would depend on priority dates and country of nationality.   See current priority dates below.  Any other route would depend on their background and whether they can find an employer, etc. http://travel.state.gov/visa/bulletin/bulletin_1360.html... Read More

How long did she overstay the last time? If she overstayed more than 180 days, she is barred from re-entry for 3 years. If she overstayed less than 180 days, she could still encounter problems by CBP officers at the airport. Admission by CBP  is discretionary. If she encounters difficulties, she could tell the CBP officer that she wishes to withdraw her application for admission. As for the question relating to applying for adjustment of status, she must first be admitted. If she is concerned with being admitted as a visitor, you might want to consider filing for her (if you are a US Citizen) and have her apply for her immigrant visa overseas.... Read More

Thank you for your question.  This is a common scenario and one that we have addressed many times with clients from all over Canada. Depending on your prior immigration violations, you still may need a non-immigrant waiver to enter the U.S.  If you triggered an unlawful presence bar, or have some other type of immigration violation (ordered removed etc.), you will likely still need a non-immigrant waiver to enter the U.S. For a variety of different reasons, many foreign nationals find themselves inadmissible to the U.S. Inadmissible individuals cannot even enter the U.S. for a short shopping trip or even in-transit to another destination. Fortunately, however, most inadmissible foreign nationals can overcome their inadmissibility in order to enter the U.S. on a temporary basis by applying for a nonimmigrant waiver pursuant to section 212(d)(3) of the Immigration and Nationality Act ("INA"). Your should consult with an experienced immigration attorney who handles border and waiver matters for Canadian citizens.  The attorney should advise on non-immigrant waiver eligibility, parole options etc. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

Simple possession of less than 20 grams of marijuana is a deportable offense.  If the charged are dropped after successful completion of a pre-trial intervention program, then it is unlikely that the charge will be held against the person for immigration purposes.  It would be different if the charges were trafficking (sale).  In that case, the government may choose to institute deportation proceedings, even if the charges are dismissed after pre-trial diversion is completed, if they have "reason to believe" the person was involved in trafficking notwithstanding the dismissal of the charge in criminal court.  For specific legal advice on this, please retain the services of a licensed immigration attorney.  Michael Shane, Florida Bar Board Certified Immigration Lawyer,  www.shanelaw.com  Ask a Lawyer Panelist since 2002.... Read More