North Carolina Immigration Legal Questions

It is unlikely that your application for a replacement green card will trigger a reopening of your removal case.  The I-90 application itself doesn't ask any questions that will cause you any problem.  Of course, all of this begs the larger question.  You are still removable because of the conviction and that will always be hanging over your head.  ... Read More

The E2 visa only allows you to work for the company that you have established here in the US. You are not authorized to work for any other organization. An E2 visa is a working visa and you are not required to obtain an EAD to work under E2 status. 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 left too many issues unanswered.  For example, where is your mother now?  Was she applying for an immigrant or non-immigrant visa.  She may be eligible for a waiver of this bar to admissibility, but such a waiver could not be filed and processed by March.  In fact, processing of such cases can take a year or more.... Read More

If you have an EAD and are awaiting adjustment of status under the EB-2 category for India born, you have open market employment and are eligible to work for anybody including yourself. Under the EAD, you can start up your own LLC and be the only employee. However, that being said, your taking such steps may throw suspicion upon whether you actually intend to continue engaging in the position under which you have an EB-2 classification. In such case, there is the possibility that you will have a problem completing the green card process successfully.... Read More

Do you have a US Passport or Certificate of Citizenship? If so, then you are, indeed, a US citizen and it should be an administrative matter for USCIS to correct its records. If you do not, then you must take this matter very seriously, and consult with an immigration lawyer on this. It is puzzling that USCIS cannot find you in their records. Depending on the adoption porcess, and the US laws in effect at the time, you may have acquired US citizenship, or you may have entered the US as a permanent resident.  But if USCIS has no record of your lawful US entry, you could be in a jackpot. Check with your mother concerning the immigration papers and related adoption papers. Try to find the Passport on which you entered the US and see what was stemped in the Passport on your entry. Again, if you do not have a US Passport or Certificate of Citizenship, you should take the time and effort to consult with an immigration lawyer about this. Note: This information is offered for educational purposes only; and, is not, and should not be considered, legal advice.  No attorney-client relationship is created unless we have a signed engagement letter.... Read More

If you are a naturalized U.S. citizen, you enjoy the same rights and responsibilities as a person who is born in the U.S.  If you have a U.S. passport you are entitled to travel subject to the same restrictions as any other U.S. citizen.  You don't abandon your citizenship by leaving the country.  The only way you can lose citizenship is if you lied on your application or if you renounce your U.S. citizenship. If, however, you are a lawful permanent resident "green card holder" then your status can be affected by travel, in which case, you should consult with am immigration attorney to determine whether your travel plans could jeopardize your status.... Read More

You cannot apply for citizenship if you have been gone for a year.  Any absence of more than 180 days total (or 90 days consecutive) would require you to wait another 3 years or 5 years depending on how you gained your permanent resident status.  What's more, you may have abandoned your permanent resident status after such a long absence.  You should talk to an attorney about your status.... Read More

Usually the H-1B because it does not require you to go home or obtain a waiver at the end of the residency. However, you will need to pass USMLE Step 3 to get an H-1B which you do not need for the J. There may be other options as well, you should discuss those with a good immigration lawyer.   Karen Weinstock Siskind Susser P.C. 404-592-2085... Read More

The Department of Homeland Security includes the United States Citizenship and Immigration Services (USCIS) which is responsible for the issue you raise.  If you received a receipt notice for your 2003 application for a replacement certificate, you can follow up directly with the USCIS.  An attorney could help you with this process.  Also, you could file a Freedom of Information Act request for your USCIS file and that my reveal what happened to your 2003 application.  Of course, you can always just apply again for a replacement certificate.... Read More

Hello, You do not provide much information about your wife such as if she entered the U.S. legally, whether she has a criminal history, has had any previous immigration problems or her current immigration status. These are all important in determining if she would be able to file and obtain her green card in the U.S. It is very important that you consult a local immigration attorney where you live and discuss your wife's case before you file. This way they can review her case and let you know if she would be able to get a green card in the U.S. Please do not simply look for forms to fill without consulting with an attorney as it may lead to unnecessary problems. 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,  "Valid for work only with DHS authorization' means that your social security card is only valid for you to use for work as long as you have a valid work permit or other employment authorization such as a valid work visa, etc. Other examples of work visas would be O, H, R and L visas.   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 www.emenikelaw.com www.legaldoreen.blogspot.com  ... Read More