Dawn Chere Sequeira's answer It is not advisable to work on an H4 without an H4 EAD. Usually the J1 or H1B are the most common visas for researchers. Our firm may consider an H3 but you would have to contact our firm for a consultation to check your eligibility.
Dawn Chere Sequeira's answer Most likely. Just because you have an expired card does not mean that you no longer has LPR status. Your green card is an investment. Please meet with an immigration attorney.
Dawn Chere Sequeira's answer Since you are applying based on marriage, IF you get your green card, you can work anywhere. Note that USCIS will not count your wages if you worked "without authorized employment." Any income you earned must be with an EAD card or other authorized employment status. Hopefully your sponsor qualifies...otherwise your case will be denied.
Dawn Chere Sequeira's answer It is a long shot. One way is to see if he qualifies for an immigrant waiver, and if so, go the green card route. The alternative is to file a nonimmigrant waiver and have him try and enter on a nonimmigrant visa. Our firm would review the criminal conviction to see if there is any possibility to reunite your family.
Dawn Chere Sequeira's answer You are eligible to adjust status, but the problem is that a sibling petition is 4th preference. So you could not file your green card application until a visa number is available. Right now, it's a 12 year wait minimum (could be longer depending on your country of birth). I would suggest that she petitions for your parents and once they have a green card, one parent can file for you. An attorney can help with this.
Dawn Chere Sequeira's answer You cannot hold 2 types of status (B2 and E-2 or green card). Assuming your sister's family petition is approved, since you will be "changing" status from B2 to E2, you must maintain the E-2 status until a visa number is available (right now it's about 12 years). Unlike asylum, you can travel on a B-2 and E-2 visa. Hire an immigration attorney.
Dawn Chere Sequeira's answer You would list individual income. If you earn zero, put zero. Your husband should list his income. The tax returns along with W2s, 1099s and all schedules should be submitted. USCIS only looks at the AGI.
Dawn Chere Sequeira's answer It is always a good idea to notify USCIS, but there will probably be repercussions (e.g. child is put into removal proceedings). However, if this error is not corrected it will continue to be propagated (e.g. when he goes to naturalize). The fact is that you now have knowledge to an issue that is "material" (if USCIS knew before making the decision, it would not have approved the case).
Dawn Chere Sequeira's answer Your case will not be decided until your probation has ended. Wait for it to end before you apply. Even then retain counsel as marijuana is a CDS. You could end up in removal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.