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Maryland Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Maryland on
Q: Could you assist in determining if we qualify for an H1B interview waiver?

1) My husband successfully filed a Change of Status (COS) from F1 to H1B, which was approved on February 11, 2024, and we have received the I-797.

(His F1 visa stamp expired in August 2022.)

2) I arrived in the US in September 2022 on an F2 dependent visa and applied for a COS to H4... View More

James L. Arrasmith
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answered on Apr 12, 2024

Based on the information you provided, it seems that your husband may be eligible for an H1B visa interview waiver, but you might not qualify for the H4 visa interview waiver. Here's why:

1. H1B visa interview waiver: Your husband's case appears to meet the criteria for an...
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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you provided, it seems that you have a STET (Stet Processus) disposition on your criminal record in Maryland from over 7 years ago. STET is a type of disposition where the prosecutor agrees to indefinitely suspend the prosecution of a case, but the charges remain on your... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: If possible, how can Chinese citizens get a green card by investing in U.S. business's? What would they need to do?
James L. Arrasmith
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answered on Mar 21, 2024

If you are a Chinese citizen interested in obtaining a U.S. green card through investment, you may consider the EB-5 Investor Visa program. This program allows foreign nationals to become eligible for a green card if they make a significant investment in a U.S. business and create jobs for American... View More

1 Answer | Asked in Immigration Law and Real Estate Law for Maryland on
Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record...
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1 Answer | Asked in Immigration Law for Maryland on
Q: My wife came to US on DT visa and we got married and I am a US citizen and applied for her marriage based green card,

But the wait time could be 18 months before she can get her green card, and the second court hearing is due on March 21, does she still need to file for asylum? Do we need to tell the judge on the second hearing that we are married and filed 485 form?

James L. Arrasmith
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answered on Jan 29, 2024

It's important to consider that your wife's situation involves multiple aspects of U.S. immigration law, which can be complex and situation-specific. If your wife entered the U.S. on a DT visa and you, as a U.S. citizen, have applied for her marriage-based green card, this is a... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: I filed for asylum on time within six months of entry to the United States. Can I accept an H1B offer from an employer?
James L. Arrasmith
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answered on Dec 11, 2023

If you have filed for asylum within six months of entering the United States, you are primarily in a pending asylum status. Accepting an H1B job offer while your asylum case is pending can be complex and depends on various factors.

Firstly, it's important to understand that an H1B visa...
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2 Answers | Asked in Immigration Law for Maryland on
Q: I filed for asylum on time within six months of entry to the United States. Can I accept an H1B offer from an employer?
Glendia  Del Evans
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Glendia Del Evans
answered on Dec 20, 2023

Filing for asylum does not provide legal status in the United States. How did you enter the U.S. legally with visa or illegally? Are you in affirmative or defensive asylum proceedings? To change status while in the United States, you need to have status. Since an asylum application is not status... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: Can i travel to canada for visa stamping at US embassy with H1B approval notice ?
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answered on Dec 10, 2023

Yes, you can travel to Canada for visa stamping at a U.S. Embassy or Consulate with your H1B approval notice. However, there are several important factors to consider before you make your travel plans.

First, ensure that you have all the necessary documents for the H1B visa stamping,...
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2 Answers | Asked in Immigration Law for Maryland on
Q: Can my mom get her green card?

She is 60 years old and has been diligently paying her taxes for over 10 years. When she was coming to the US, she faced immigration stops approximately three times but managed to enter and haven't left since. I'm wondering if it's possible for me her daughter (24 year old) to apply... View More

James L. Arrasmith
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answered on Nov 9, 2023

As a U.S. citizen, you can petition for your mother's green card, regardless of her age. Her history of paying taxes and her age are not direct factors in the green card application process. However, her previous encounters with immigration authorities could potentially affect her application.... View More

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2 Answers | Asked in Immigration Law for Maryland on
Q: What can I do when a relative has a Australia permit comes to America as a visitor and is denied permission to enter USA
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answered on Nov 9, 2023

If your relative from Australia was denied entry to the USA as a visitor, the first step is to understand the specific reasons for the denial. These reasons are usually provided at the time of denial. If the denial was due to visa issues, they may need to apply for the correct type of visa or... View More

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1 Answer | Asked in Employment Law and Immigration Law for Maryland on
Q: I want to know if I can work in another EU country with residence of refugee status

For example, I have refugee residence in Poland of three years and 2 years of Geneva Passport can I work Germany

James L. Arrasmith
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answered on Oct 22, 2023

Having refugee status and a Geneva Passport in one EU country generally grants you certain rights within that specific country. However, when it comes to working in another EU country, like Germany, the rules can vary. Typically, if you want to work in another EU country, you would need to apply... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: How can I write my statements for asylum purposes?

I need help with writing the statements in my application

James L. Arrasmith
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answered on Oct 22, 2023

Crafting a persuasive asylum statement is vital to the success of an application. Begin by clearly outlining the specific reasons you fear persecution in your home country. Use detailed, factual events to support your claim, being as precise about dates, locations, and persons involved as possible.... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: So can I get in trouble if I get a remote job while being on an F-1 visa immigration status
James L. Arrasmith
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answered on Sep 3, 2023

Working remotely for a non-U.S. company while on an F-1 visa may violate the terms of your visa, which generally restricts employment for international students. Violating these terms could jeopardize your F-1 status and future U.S. visa applications. You should consult an immigration attorney to... View More

3 Answers | Asked in Immigration Law for Maryland on
Q: I received a letter from USCIS with request for more evidence for petitioning sponsor (my husband- marriage green card).

He has no income so that was what we put on the form I-864. I included copies of our joint taxes that show income from my babysitting jobs (self-employed) only. There in no income for him. My mother in law is the joint sponsor, and all the evidence for her income was submitted. Now the letter from... View More

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answered on Sep 7, 2023

I'm sorry to hear about the confusion in your case. It seems like there might have been a misunderstanding given that your husband reported zero income. To respond to the USCIS request for evidence, it would be prudent to reiterate that your husband currently has no income, and therefore... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: If a green card holder never got convicted of a crime but has a case put on the stet docket,

can that have an effect when they are leaving the US for vacation and when they come back will there be implications at the airport?

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

No, a stet has no impact on re-entry to the US or other immigration consequences. A stet disposition is not a conviction for immigration purposes because there is no conviction and no guilty finding or admission of guilt. A stet is an indefinite discontinuation of prosecution of the charge,... View More

2 Answers | Asked in Immigration Law for Maryland on
Q: Hello am petitioning for my family to migrate to the us. I can meet the most recent tax year poverty guideline.

The other two years i didnt make enough. Absutly nothing after expenses. Can i still use my most recent tax year which i can meet the PGL and still put in the other two years and will be ok?..thanks for the help

James L. Arrasmith
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answered on Apr 29, 2023

When petitioning for your family to migrate to the US, you are required to meet certain financial eligibility requirements, including the poverty guidelines set by the US government. These guidelines are based on the size of your household and your income level.

If you did not meet the...
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1 Answer | Asked in Immigration Law for Maryland on
Q: USCIS sent my green card (through marriage) application back

because one of the forms included pages with two different editions. I am preparing it all again. I initially sent the application at the end of the 2022 so all the tax forms required for I-864 form were for 2021,2020, and 2019. I want to resend everything this month, should I first take care of... View More

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answered on Feb 26, 2023

It is always a good idea to have the most current tax information available when submitting a green card application. If possible, it would be best to update your tax information to include 2022, as this will show the most up-to-date financial information for your sponsor. However, if you are... View More

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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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 ..

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

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 the...
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