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Maryland Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Maryland on
Q: She applied for asylum when she were single, so when got married they gave her an Interview for asylum but suddenly…

They denied her application and send her to court for removal or approval so now we are married and have one child together and I’m à Us citizen, what can we do to adjust her status and avoid the court date because it will be In August next year ..

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2022

First things first:

1. they (the U.S. Asylum Office) did not not deny her application. The application was REFERRED to the respective U.S. federal immigration court,

2. Any changes in the marital or adjustment of status eligibility situations must be amended to the present pending...
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1 Answer | Asked in Immigration Law for Maryland on
Q: Can I do a change of status from j1 to a student visa for fall 2023, if my j1 would expire in April 2023?

My J-1 visa is via Au Pair program and it expires April 2023, if I apply for a change of status now with an I-20 for Fall 2023 admission, will I be considered out of status between April and September?

PS: My J1 Visa states that, I’m not subject to the 2 years home return rule.

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You should speak to an experienced lawyer, respectively. However, the threshold question will be whether this J1 program waives the 2-yr foreign residency requirement that many J1 Visas have.

2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Ana S. Mendieta
PREMIUM
Ana S. Mendieta
answered on Nov 9, 2022

A: I would have to ask how did your spouse enter the United States. If it was a legal entrance then the way for her to adjust her status would be through family petition and concurrent request.

However, if your spouse entered the United States illegally, then the process would be through...
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2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You should consult a lawyer. It seems like some crucial fact is not included in your description. Typically a spousal petition should be the correct path for a married couple to follow.

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1 Answer | Asked in Immigration Law and Traffic Tickets for Maryland on
Q: Is it smart for a G4 visa holder to contest a parking ticket (wrongly) issued after 52min in a 1hr parking zone?

Google maps timeline shows me departing 57min after arrival. Obviously it was a mistake by the officer. I wonder what's worse for future visa applications - the parking fine, or whatever records result from contesting and going to court. (In Montgomery County MD contested parking tickets go to... Read more »

Mark Oakley
Mark Oakley
answered on Oct 28, 2022

Municipal parking infractions do not impact visa or immigration determinations, unless perhaps if you do not pay the fine; however, anyone can challenge a parking ticket by requesting a trial. Paying it, however, will not impact your status or approval of any future application.

1 Answer | Asked in Immigration Law for Maryland on
Q: My fiancé is an illegal alien. We want to get married but also want to file for green card. How do I do that?

He is from El Salvador. We want to get married first. But want to know if it be better if we get his green card first

Monica E Rottermann
Monica E Rottermann
answered on Jun 29, 2022

Whether your boyfriend is eligible for a green card will depend on his immigration and criminal history. In order for you to be able to petition for him, you would first need to marry him (or he would have to qualify for a fiancé visa). However, if he has another means of immigrating, for... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: Do I have to return home to complete F-1 visa application?

I've been in the US on vacation with aB-1 visa for 2.5 months now and with encouragement of my sis decides to study for my masters degree. Do I have to return to my home country or can I complete the process while remaining in the states?

Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change your status from from B-1 to F-1 status without having to leave the US. You will need to get acceptance into a University or College. If you change status while being in the US and decide to leave the US at some point (for instance visit your family), to come back to the US you will... Read more »

1 Answer | Asked in Immigration Law for Maryland on
Q: I am in the process of petitioning for VISAs for my wife and three stepchildren.

I recently got the notice from NVC that my wife is documentarily qualified and that her case is being forwarded for interview scheduling. However, I had to add/replace documents on each of the three children. Will this delay the scheduling of my wife's appointment?

Agnes Jury
Agnes Jury
answered on May 1, 2022

No it should not. Your wife should bring the all of the documents that were uploaded to NVC (including the recent ones) to the interview. Best wishes!

1 Answer | Asked in Immigration Law and Traffic Tickets for Maryland on
Q: If you are a Green Card Applicant, how long can you drive using your drivers license from a foreign country?

This is in the state of Maryland. What else does a person need to do in order to get a permit or a temporary license till his/her green card application goes through?

Agnes Jury
Agnes Jury
answered on Apr 28, 2022

https://mva.maryland.gov/drivers/Pages/md-drivers-license.aspx

Best wishes!

1 Answer | Asked in Immigration Law for Maryland on
Q: My mother in law will be filling I-864A for my green card (husband has no income). We live together, she makes $28,074.

Would her saving account with about $2000 be enough (as assets) to meet the requirements? Also, how far back does the bank statement need to cover? Does she need to include her checking account statement too??

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 26, 2022

You should call an immigration attorney to discuss the facts of your case in a free phone consultation. More information is needed to form an opinion.

2 Answers | Asked in Immigration Law for Maryland on
Q: My husband doesn’t have an income and so his mom is considered to be a joint sponsor.

We all live together. She makes 27,000. Is it enough and will be accepted by USCIS?

Agnes Jury
Agnes Jury
answered on Apr 20, 2022

The minimum income for a household of 3 is $28,787. It would recommend that you do a consultation with an experienced immigration attorney to discuss your options regarding income/sponsor requirements. Best wishes!

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2 Answers | Asked in Immigration Law for Maryland on
Q: Hi, I will be applying for a green card. My husband doesn't have an income

We were planning to ask his mother to be a joint sponsor, she lives with us. Now, trying to figure out if she meets financial requirements- she is a widow and have no one depending on her, so her income needs to be a minimum for a one household member. Is that right? The fact we live together... Read more »

Agnes Jury
Agnes Jury
answered on Mar 16, 2022

Item 7 of Part 5 on page 4 of form I-864 gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence.... Read more »

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3 Answers | Asked in Immigration Law for Maryland on
Q: My US wife abandoned our house with our kids. expecting appointment to remove my conditional residency. she might not go

My wife and I dated back home, and she moved to the US. We later got married, and I joined her in the US in 2018. We have two daughters together. Marriage has been a lot of arguments. Threw me out some times, but I refused to leave. She left house with the baby and wants a divorce. She even left me... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 10, 2022

You should still go to the appointment. She may or may not attend. If she does not or if she comes and says she does not want to go forward, then the petition is dead. If that unfortunately happens you will need to explore other options. Those options might need you to talk to a lawyer.

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1 Answer | Asked in Immigration Law for Maryland on
Q: Hi, I will be applying for a green card through marriage and I will have a friend sponsoring me.

If I apply by February or March, is it enough for him to provide the tax return from 2020, 2019, and 2018 or since it is 2022 he needs to file and add 2021 tax return ?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 5, 2022

It probably makes better sense for him to file 2021 since it is tax season.

1 Answer | Asked in Immigration Law for Maryland on
Q: Does a second meeting with my fiancée improves my chances of proving a bona-fide relationship?
Agnes Jury
Agnes Jury
answered on Dec 30, 2021

Absolutely! The more you see each other, the better. Make sure to take pictures, meet your fiancee's family and friends, and keep proof of your flight and stay. Document the trip well! Best wishes!

2 Answers | Asked in Immigration Law for Maryland on
Q: Do I have to submit my rent agreement with in my I-129f package, and can I use different mailing and physical address?

Should the rent agreement be included with fiancée visa application?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 27, 2021

While submitting your application you have to list your actual physical address in the United States.

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3 Answers | Asked in Immigration Law for Maryland on
Q: If denied a visitors visa, am I able to apply for a student visa right after?

If I am denied a visitors visa, am I able to apply for a student visa right after or is there a waiting period before I can apply for a student visa?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Dec 5, 2021

There is no waiting period. You will have to prove that you have been accepted as a student at an educational institution and that you will be able to finance your education in the USA as well as finance all other expenses that will be incurred while living as a student. International students are... Read more »

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4 Answers | Asked in DUI / DWI and Immigration Law for Maryland on
Q: I was pulled over and charged for DUI and reckless driving for the first time no accident no injury, why both charge ?

I blew 0.10 on the road side and the officer told me to do not blew at the police station, then I didn’t blew, today I got my license suspended for 270 days. The saddest thing is my asylum case is pending and my final hearing is in couple of months. Please I’ll like to know if this will affect... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 21, 2021

Generally speaking criminal law issues do impact impact immigration cases. You will want to get the paper details of the case as well as the disposition from the court. The disposition is what the court ordered. It should have the court's original seal on it. You will need those documents. if... Read more »

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1 Answer | Asked in Immigration Law for Maryland on
Q: I have OPT EAD, can I remotely work for a UK university (with no office in the US)?

I have a job offer from a UK university and I'm staying in the US (waiting for my green card) and I have my OPT EAD card with me (12 months), can the UK employer hire me remotely? My former university DSO has said that they will authorize it since my work in the UK is strongly related to my... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 3, 2021

That plan doesn’t appear to be fitting your OPT present requirements for employment in the United States especially if you’re hired by a foreign entity.

1 Answer | Asked in Immigration Law, Civil Rights and Gov & Administrative Law for Maryland on
Q: Am I allowed to be a freelancer in the US? I'm18 y.o, my parent has a work visa and we applied for the green card

I am not doing freelancing since I don't know if it's legal and if it's not legal I will wait until I have SSN.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

Without a work authorization you are not allowed to derive any income from any professional activities such as free-lancing. You have to apply for an EAD on eligible grounds if qualify.

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