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Maryland Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Maryland on
Q: Applying for green card and bringing children to the US. Concerns about pregnant daughter's visa.

I would like to apply for my green card and bring my children from Africa to the United States. I have just received my documents and am eligible to file for a green card. My daughter Kate is pregnant; will this affect her chances of obtaining a visa? Also, I have immediate family members in the US... View More

James L. Arrasmith
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answered on May 24, 2025

Your daughter Kate's pregnancy should not negatively affect her ability to obtain a green card through your family-based petition. The restrictions on pregnant women entering the United States primarily apply to temporary visitor visas (B-1/B-2), where authorities scrutinize applicants who... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: Should I proceed with IR2 processing or apply for N-600 for my child, and what are the ramifications?

My wife and child came to the USA with F2A and FX3 green cards in May 2024. I became a USA citizen in February 2024 and subsequently filed a separate Form I-130 in February 2024 under the IR2 category. This form was approved last week, and the case has been sent to the NVC. My wife and child are... View More

James L. Arrasmith
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answered on May 22, 2025

Your situation involves an important distinction between your child's current status and potential citizenship options. Since you became a citizen before your child entered the United States with a green card, your child may have automatically acquired citizenship under the Child Citizenship... View More

1 Answer | Asked in Immigration Law and Contracts for Maryland on
Q: Who can be a Third Party Agent for AOS fee payment?

I am dealing with a situation regarding the payment of the Affidavit of Support (AOS) fee through the ceac.state.gov portal for the F3 immigration visa category. The portal specifies that the fee can be paid by the petitioner, applicant, attorney, or a "Third Party Agent" via a US bank... View More

James L. Arrasmith
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answered on May 14, 2025

You’re right to seek clarity before stepping into this role, especially when money, immigration, and official records are involved. A “Third Party Agent” in the context of the Affidavit of Support (AOS) fee is simply someone—other than the petitioner, applicant, or attorney—who agrees to... View More

2 Answers | Asked in Employment Law and Immigration Law for Maryland on
Q: Can my employer refuse List A documents for I-9?

I work at a franchise gym in Maryland, and our location was recently bought by a new company. During the transition, we are required to fill out a new I-9 form. The new company is insisting that all employees submit documentation from both List B and List C, despite the I-9 form allowing for the... View More

Adan Vega
Adan Vega
answered on May 14, 2025

The short answer is no. Please see the following guidance:

Anti-Discrimination Notice: Employers must allow all employees to choose which acceptable documentation to present for Form I-9.

Employers cannot ask employees for documentation to verify information entered in Section 1,...
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1 Answer | Asked in Immigration Law for Maryland on
Q: Can I travel within the U.S. with an expired visa but valid DS-2019?

I am on a J1 visa in the U.S. with a valid DS-2019, but my visa has expired. Can I travel within the U.S. with just my passport and the valid DS-2019, or will this cause any issues?

James L. Arrasmith
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answered on May 7, 2025

Yes, you can travel within the United States with an expired J1 visa as long as your DS-2019 form and I-94 record remain valid. Your legal immigration status in the United States is maintained by these documents, not by the visa stamp itself. The visa is merely an entry document that permits you to... View More

1 Answer | Asked in Immigration Law and Tax Law for Maryland on
Q: Can I get a Maryland driver's license with expired visa and no MD tax filings?

I recently moved to Maryland, and my H2B visa has expired. I previously worked legally in Virginia, and I filed taxes there this year. I learned that I need to have filed taxes in Maryland for two years to get a driver's license here. Can I still apply for a driver's license in Maryland... View More

James L. Arrasmith
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answered on May 7, 2025

Maryland law requires proof of lawful status and Maryland tax filings for a federally compliant (REAL ID) driver's license. For non-citizens without valid immigration documentation, Maryland implemented a process under the Real ID Act allowing for a non-federally compliant driver's... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: Can I reinstate or renew my H1B visa with a different employer?

I worked in the United States on an H1B visa from 2021 to 2024, which expired in October 2024. I left my job to travel to India and have now returned to the U.S. on an F2 visa after being out of the country for a year. I have a new employer willing to sponsor me. Will I be able to reinstate or... View More

James L. Arrasmith
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answered on Apr 29, 2025

Yes, you can potentially reinstate your H-1B status with a new employer despite being currently on an F2 visa. Since you previously held H-1B status, you are already "cap-counted" and have the remainder of your 6-year term available without having to go through the H-1B lottery process... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Immigration Law for Maryland on
Q: Will past domestic violence cases affect wife's F2 visa?

My wife lived in the United States for the past 10 years and is currently in India. She is applying for an F2 visa and will attend the consular interview. We had disputes, leading her to file domestic violence and another criminal case against me in India. These cases were recently dismissed... View More

Mark Oakley
Mark Oakley
answered on Apr 29, 2025

If I’m reading your facts correctly, these cases were brought against you, not against her. You were the alleged perpetrator, she was the alleged victim. In that case, they will have no affect at all.

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1 Answer | Asked in Immigration Law and Criminal Law for Maryland on
Q: Will a resolved misdemeanor affect my re-entry to the USA after traveling to Turkey?

I am a U.S. citizen concerned about potential difficulties when re-entering the USA after traveling to Turkey due to a resolved misdemeanor conviction for the misuse of phone calls. My probation ends on the 24th of this month, and I have previously traveled internationally without issues or... View More

James L. Arrasmith
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answered on Apr 6, 2025

You should be able to re-enter the United States without major issues. As a U.S. citizen, you have the legal right to return to your home country, even with a misdemeanor on your record. Customs and Border Protection (CBP) may review your criminal history during re-entry, but a resolved... View More

2 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: Can I travel to Turkey with a resolved misdemeanor charge?

I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More

Scott Scherr
Scott Scherr
answered on Apr 5, 2025

If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More

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1 Answer | Asked in Military Law, Gov & Administrative Law and Immigration Law for Maryland on
Q: Can a Maryland LCPC provide telehealth to a client deployed out-of-state?

I am a Licensed Clinical Professional Counselor (LCPC) in Maryland. My client, who resides in Maryland, is being temporarily deployed out of state for 8 months with the military. She would like to continue therapy sessions via telehealth during her deployment. I am aware that typically both the... View More

James L. Arrasmith
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answered on Apr 1, 2025

Maryland regulations generally require that licensed mental health professionals only provide telehealth services to clients physically located within Maryland at the time of service. Maryland counselors providing telemental care must be licensed by the State Board of Professional Counselors &... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: Am I safe to travel with a 48-month green card extension?

I have applied for the petition to remove conditions on my green card and received a 48-month extension. I plan to travel for a week-long vacation outside the U.S. I have traveled outside the United States with an extension notice before. Is it safe for me to travel and re-enter the U.S. without... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 20, 2025

Consider reviewing and modifying your social media and phone content prior to travel.

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1 Answer | Asked in Immigration Law for Maryland on
Q: Clarification on work permit application with pending asylum.

I applied for asylum before my visitor visa expired a month ago but haven't received an interview yet. I'm now applying for a work permit and need clarification on how to fill out the section asking for my "current immigration status or category." What should I enter in this... View More

James L. Arrasmith
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answered on Mar 9, 2025

When filling out the "current immigration status or category" section of your work permit application, you should enter "Asylum Applicant" or "Pending Asylum." This accurately reflects your current immigration situation because your asylum application is currently... View More

2 Answers | Asked in Immigration Law and Tax Law for Maryland on
Q: Does a green card holder's living apart from their U.S. citizen spouse raise immigration concerns?

I am a U.S. citizen, and my foreign spouse, who is a green card holder, recently immigrated in December 2023. In 2024, she lived and worked in a different state than where I reside, using an out-of-state address for tax purposes. Despite not being legally separated, we have no shared financial... View More

Kevin L Dixler
Kevin L Dixler
answered on Feb 26, 2025

More information is needed. Does she have Conditional resident status? Does she intend to file for naturalization? When does she plan to file for naturalization? Do you intend to remain married? I strongly recommend an appointment or Zoom Conference with a competent and experienced immigration... View More

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2 Answers | Asked in Immigration Law and Traffic Tickets for Maryland on
Q: How will a reckless driving by speeding misdemeanor impact my legal permanent resident status in the US?

I am a legal permanent resident residing in MD. I was driving in VA and got a Reckless Driving by speeding (doing 88 in a 55mph) ticket and have to appear in court. My traffic attorney wants to plead no contest. How will this affect my legal PR status in the US? Will I face issues during... View More

Scott Scherr
Scott Scherr
answered on Jan 23, 2025

You will need to consult with an immigration attorney. Reckless driving is a criminal offense in Virginia so it is treated differently than in Maryland. A conviction for reckless driving will give you a criminal record.

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1 Answer | Asked in Immigration Law for Maryland on
Q: USCIS is looking at the priority date on my I-140 rather than Perm priority date.

I have a pending I-485. USCIS is looking at the priority date on my I-140 which is different from my priority date on Certified ETA Form 9089-Perm. How can i can approach USCIS with this mistake?

James L. Arrasmith
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answered on Dec 20, 2024

You can address this priority date discrepancy through multiple channels. The most direct approach would be to submit an I-290B Notice of Appeal or Motion to USCIS, specifically pointing out the error in interpreting your priority date. Make sure to include copies of both your I-140 and certified... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: How can I extend my H1-B visa to a different employer? Or should the new employer apply me a new one?

My current h1-b visa expires on 2025 with my current employer. Is it possible to find a new employer to extend my H1-B visa status. I really want to have a new employer this time because I don't want to extend my visa status with my current employee. Or if I will be married to a US citizen,... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 9, 2024

You may be sponsored by a new H1B employer. Generally, the maximum H1B stay is 6 years. If married to a US citizen, you may be able to adjust status in the US based on an I-130 even with an expired H1-B.

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1 Answer | Asked in Immigration Law for Maryland on
Q: My Quation Is Family Cases .That Is Since 2016 Still One Time Move Other Time Hold .Almost 7 Year Done .Please Ihaveinfo

Yes I Have All Docment Info Or emil Info .Case No .Invoce No .Resipet Numbers .actualy The Case Holded I My Home Land Ethiopia In The Cancileroffeces .

James L. Arrasmith
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answered on Jul 30, 2024

It sounds like your family immigration case has been in limbo for quite a while, and I understand how frustrating this can be. Given that your case has been pending since 2016 and involves a hold at the consular office in Ethiopia, it’s crucial to gather all your documentation. Ensure you have... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: I answered question #45 wrong on my in-laws i130, stating “NO” they have been in Mx 18 years HELP

I 130 is approved and sent to NVC

James L. Arrasmith
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answered on Apr 30, 2024

I understand your concern about incorrectly answering question #45 on the I-130 petition. While it's important to provide accurate information, a single mistake on the form may not necessarily lead to a denial of the petition, especially if the rest of the information is correct and the... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: I have DACA and have a case with immigration to become a Resident. I have been waiting for my Waiver 601-A approval

Many people have suggested to do Advance Parole. Would I be able to do Advance Parole while waiting for my waiver 601-a approval for unlawfully entering the country? It has been two years now waiting for the waiver and my Granpa is currently very ill. I would like to visit him. Would doing AP... View More

James L. Arrasmith
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answered on Apr 26, 2024

I understand your desire to visit your ill grandfather, but it's crucial to proceed cautiously given your pending immigration case. Here are a few key points to consider:

1. Advance Parole (AP) is a document that allows certain individuals to travel abroad and return to the U.S....
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