Maryland Immigration Legal Questions

  I would urge you to consult with and hire an immigration lawyer to assist you with this case. I don't think you’re capable of handling it. The lawyer will be able to debrief and brief you, analyze, assess and evaluate the case in order to maximize the possibilities for a successful result. I believe a juvenile court petition as an abandoned child should be filed for SIJS benefits which may lead to a greencard.  ... Read More

You may only file a Form I-130 on behalf of your wife at this time. She is not eligible to seek adjustment of status as her priority date is not current. The filing of a Form I-130 does not provide your wife with any authority to remain in the United States. Your wife's failure to comply with the terms of her F-1 visa will mean she has failed to maintain her status. She would only be able to adjust her status when you become a United States citizen. You can click on adjustment of status to find more information about the process.... Read More

The fact that you are a USC and have a job and speak English, lays absolutely no foundation for us to answer a question for you on behalf of another whether he or she could apply for a green card on expired visa. Generally, if you marrying that someone, they could, provided everything else is hunky dory.    How to Petition for Your Spouse... Read More

This is not really an immigration law question, if you think about it. If your lawyer is not responsive you should consider the following options: 1. Contacting the lawyer in writing and asking to return to you.  2. Contacting the lawyer in writing and instructing the lawyer to provide you with accounting of the work done vis a vis fee paid.  3. Hiring another lawyer and then going through the step number 2 but this time putting the lawyer on notice that you have another lawyer and would like him or her to stop working on your case.  ... Read More

Hello. Your wife can file your green card case. She will also need to still file the financial sponsorship. However, you will need your aunt/uncle to be joint sponsors. However, you must be careful that you do not get listed on specific welfare benefits. Let me know if you would like any assistance. ... Read More

If the child is properly adopted in India, the child is your child for purposes of a nonimmigrant visa. You can seek an H4 for the child if you are on H1 or another nonimmigrant status which allows for derivative visa. If you are not in a valid nonimmigrant status, you will have to wait until you are adjusted your status to that of the LPR before you would be able to seek follow to join pettion for the child. The USCIS form will be I-824. These are your option.    For more information please see below:   http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/adjustment-of-immigration-status... Read More

Your question would be best posed to a criminal attorney licensed to practice law in Maryland. You could theorectically have a warrant issued for your probation violation. I am not sure whether Maryland will request Canada take any action, but you would likely have difficulty re-entering the United States in the future. I understand you had an emergency, but did you contact your probation officer. You may be able to resolve the matter. ... Read More

Permanent Resident must have and be able tpo prove an intention to reside mostly in the USA and make the USA its home country. Without that intention, the status would be considered abandoned, precisely the scenario you have described. That applies to Conditional Permanent Residents too.  For more information please visit:   http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/adjustment-of-immigration-status/seeking-waiver-of-joint-filing-requirement-of-uscis-from-i-751... Read More

Yes, you may sponsor  your new fiance. Your prior case may come up when you eventually sponsor your new wife for her green card. But, you can show or disclose any information you wish. But, you signed statements confirming that it was a real, bona fide marriage. So, you should be careful what you state. Let me know if you would like help with the fiance visa. ... Read More

You can certainly have an H-1B approved and issued before you obtain your PhD even though the job posting says that a PhD is required for the position. U.S.C.I.S. only requires that the position be one for a specialized occupation and that you have at least a baccalaureate degree related to that occupation. 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 More

An H-1B holder can justify building a website and owning it where there is no income involved. If it turns into a business, then it is no longer a hobby and your working on it and deriving income would likely be seen as a violation of law. At that point, you can hand over the active management to a partner or hired manager. Your being a passive investor and only receiving dividends would probably be all right. 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 More

You will not be able to apply for her under a K-1 visa. That is relegated to the fianceés of U. S. citizens. Unless she has some legitimate way to enter and stay in this country, you may consider traveling to China or some other country to marry her and petition for her once you obtain the green card. The waiting time is approximately 2 years under that category at present. 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 More

Hello, Your Dad's I-130 petition does not mean that you can live here legally yet. It simply means that he has filed the first step in the green card process, but please remember that he has not yet filed for the green card. It s a good idea to leave within the 6 months of stay that you were given so that you do not create problems with your green card application later. Good Luck. The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read More

The last action rule pertains to the last action concerning status and I have not heard that it would apply to invalidate work at a current employer if the applicant decides not to change over to a new employer for whom a petition has been approved by U.S.C.I.S. in the same category. The withdrawal by company B should be sufficient to notify U.S.C.I.S. that the petition is no longer valid. You do not have to independently inform U.S.C.I.S. that you are still working for company A. 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 More

Under the situation that you describe, you should be allowed to return to the U. S. when your husband becomes a U. S. citizen and applies for you again for the green card. You may have to explain to the U. S. consular officer at the time of the interview what happened before, but he or she would most likely just be interested in ascertaining that you intend to stay in the U. S. and make the country your place of principle domicile if you are given the green card again. 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 More

Hello,   When your husband becomes a US citizen, you can file for your green card once he receives his naturalization certificate as long as you have proof of your legal entry to the U.S. such as your I-94. Before you do file, it is important that you speak to an immigration attorney in your local city to discuss your F1 visa status loss and immigration history so that you get specific advice for your particular situation. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read More

Generally speaking, U.S.C.I.S. does not require paternity tests or blood tests to be taken to prove relationship between parent and child. Such testing is only required where U.S.C.I.S. has doubts about the paternity or maternity. If the child was not born of a marriage and the person seeking immigration benefits is the male, the father should also include proof of showing an interest in the child prior to the child’s turning the age of 18.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 More

The I-601A program contemplates an individual being here in the U. S., not a person who is already outside the country. Your husband will have to do a regular I-601 waiver following denial of the immigrant visa at the home consulate and wait overseas while it is being adjudicated.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 More

The government is not yet involved as I understand from your question, and the actions that you describe appear to be that of the school. If the government becomes involved, it would typically issue a notice to appear for an immigration hearing. At the hearing, your friend would be able to raise any defenses for his ability to remain in the country legally. For example, if another school accepted him, he might be able to maintain his legal status in that way. If there is an issue as to whether he is a drug dealer, it would be the burden of the government to prove that he was.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 More