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Questions Answered by Dawn Chere Sequeira
1 Answer | Asked in Immigration Law for Maryland on
Q: I am on H-4 and soon going to start my PhD. Can I do RA (Research Assistanship) and there by earn money while on H-4?
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Sep 25, 2017

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.

2 Answers | Asked in Immigration Law for Maryland on
Q: What to do if my father didn't renew my green card and I'm about to turn 18

Hello, I came to America in 2013, I'm now about to turn 18 and my green card expired in 2015, my father did not renew it and I don't know what steps to take, is there any way you could help?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on May 3, 2017

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.

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1 Answer | Asked in Immigration Law for Maryland on
Q: What is the process to apply for remission? Is there an application to complete?

My son was denied his visa last summer because his medical exam showed marijuana in his system. He is over 18yrs old

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

If you mean, "application for readmission", yes, there is a form and a fee. You should have been provided instructions.

1 Answer | Asked in Immigration Law for Maryland on
Q: how to maintain L1 status on valid l1b visa after h1b with cos is approved
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

You cannot have 2 status at the same time. If you have an L-1, it will remain in place until your H-1B status begins (as noted on the H-1B approval notice).

1 Answer | Asked in Immigration Law for Maryland on
Q: I have applied for my adjustment of status based on marriage to a US citizen. I was using a joint sponsor

For some reason, my joint sponsor couldn't provide me her tax returns, so I used my own income from my current job, with my husband to meet the income requirement. They had a condition, that if I am using my own income I had to provide a letter from my employer stating that i will keep my job after... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

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... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Company A sponsored me for an H1B, I'm waiting for Oct 1. What happens if Company B wants to sponsor me for a GC?

I made it through the H1B Lottery with Company A, now we are waiting for USCIS to tell us if they need additional documentation or not.

In the meatime Company B might be interested in sponsoring me for a Green Card but I don't know if it can be done at the same time and what would happen to... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

Speak to company B's immigration attorney or have employer B contact us (if employer B does not have an immigration attorney).

1 Answer | Asked in Immigration Law for Maryland on
Q: My fiancé/father of 2 was deported 12/14 to Col after serving 4 yrs for alledged fed crime. Options to return to US?

I am an American and so are his kids. Is there any opportunity to reunite our family?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

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... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Filling for siblings

I want to know if my sister( she's a citizen and over the age of 21) can file for me under I-130 and I-485, I have been in the country for 12 years and my visitors visa has expired. I came at the age of 12 so I currently have a DACA work permit. Do I qualify for this status adjustment?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

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... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: I'm a citizen , bring widowed mom here on her current visitors visa ,sponsor for green card once here?

Once in the USA can I then apply for change of status?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

You can do this, but hire an attorney to make the process go smoothly. I can assist you with this matter.

1 Answer | Asked in Immigration Law for Maryland on
Q: I am in US on B1/B2, If I adjust status on e2 investor visa, my visitor visa will stay there or will be revoked?

Hi,

I have been to US on visitor visa before for tourism and to see my sister's family who are US citizens. She wants to file immigrant petition for me, that I understand a long road to go. I really like US and was thinking to invest in a business that my sister runs. (Child Care... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

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... Read more »

2 Answers | Asked in Immigration Law for Maryland on
Q: I got mugged at gun point ..I don't have visual proof but just a police report , can I file green card?
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jun 24, 2016

You cannot apply for a green card until the U visa has been approved and you have waited the required time.

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1 Answer | Asked in Immigration Law for Maryland on
Q: What do I show as my AGI in question 18 in form I-864? I'm a SAHM. File joint tax return.

Hello. I have a question about I-864 and I-864A forms. My husband is going to be a joint sponsor since I am a SAHM right now. Tax return transcript doesn't show the break down. It only shows the household adjusted gross income. I know that the amount i put in the answer in the form has to match... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Feb 2, 2016

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.

1 Answer | Asked in Immigration Law for Maryland on
Q: I sponsored a child to come to the USA about three years ago,and no Paternity Testing was required by immigration

I sponsored a child to come to the USA about three years ago,and no Paternity Testing was required by immigration.I've since discovered through DNA that he's not my biological child.

Do I have a responsibility to notify USCIS?

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 23, 2016

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... Read more »

1 Answer | Asked in Education Law, Employment Law, Immigration Law and International Law for Pennsylvania on
Q: Do students on F1 visa who accept travel grants from US-based professional associations violate visa regulations?

As an international graduate student on F1, I regularly submit material to professional conferences for presentation.

Some conferences and professional associations award travel grants to deserving graduate students in order to enable them to present and then ask them to complete a W-9 or... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

You can accept them from an immigration perspective. For tax purposes, contact a Tax Attorney.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Hi, I have an approved I-140 through employer A, if I switch jobs and employer A cancels it. can i retain priority date

Iam planning take an offer from Employer B and they are planning to apply for my PERM and I-140 again. my current employer A will cancel my I-140 once I resign. I want to make sure I can retain my Priority date even if I-140 is cancelled.

Would appreciate your response

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Not if the employer revokes (cancels) it.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Work authorization?

I did my credible fear interview on 8/14/2014 which was positive for credible fear, I was released upon a bond granted to me by an immigration judge. I was released on October, 18. I'm wating for my first hearing which has no date yet, the only hearing I had until this moment was a bond hearing, it... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

You can apply if your I-589 has been pending for over 150 days. You can check the asylum clock by calling the EOIR hotline.

1 Answer | Asked in Immigration Law for New Jersey on
Q: How many character witnesses are allowed to testify in removal proceedings in nj?
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

No limit, but character is not the most important factor.

1 Answer | Asked in Immigration Law for New Jersey on
Q: My father has a Green Card since 01/2011. He had to go back to take care of his mother because we couldn't find help. He

returned in Oct 2014 after 11 months of absence and could stay only 12 days because of the reasons stated above. Then he had a surgery, was hospitalized and his mother (my grandmother) died in April 2015, I went there and now he is ready to return to the US, but it will be about 7 months since he... Read more »

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

Talk to counsel.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Can F-1 student leave U.S permanently if USCIS received her spouse's (F-2) petition to change his status to F-1?
Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

F-2 cannot remain in U.S. without F-1.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I was arrested in 2010 with possession of marijuana and was given two years probation can I file for my citizenship

It was a 4th degree charge and that is my only arrest every I been in this country since I was 7 im 32 now

Dawn Chere Sequeira
Dawn Chere Sequeira answered on Jan 21, 2016

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.

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