Maryland Immigration Law Questions & Answers
Q: FilingN400 at 4 years and9 months under5 years permanent residency. Can first 3 months residential address be of abroad?
Kelli Y Allen's answer
Yes, absolutely list all addresses accurately. As long as you have not been out of the U.S. for more than 6 months at a time, and have been in the U.S. more total days than you have been outside the U.S. during the last 5 years, you're fine for purposes of the residency requirement.
Yes, absolutely list all addresses accurately. As long as you have not been out of the U.S. for more than 6 months at a time, and have been in the U.S. more total days than you have been outside the U.S. during the last 5 years, you're fine for purposes of the residency requirement.
Q: My sister father is trying to file for her he did surgery and need her to take care of him is there anyway to speed it ?
Kelli Y Allen's answer
Unfortunately, no. It sounds like she is in the process of waiting for a visa number to become available which can be many, many years. In the meantime, it's possible she could come for a short visit by obtaining a visitor visa, but would have to leave at the end of her authorized stay and continue waiting for the visa number.
Unfortunately, no. It sounds like she is in the process of waiting for a visa number to become available which can be many, many years. In the meantime, it's possible she could come for a short visit by obtaining a visitor visa, but would have to leave at the end of her authorized stay and continue waiting for the visa number.
Q: My dad is a US citizen. I'm not. He wants to get my mom over here through an invite from an event. Is it possible?
Hector E. Quiroga's answer
If your mother enters the US lawfully and is able to do so without any indication of fraud or misrepresentation when she enters, your father can file an immigrant visa petition for her when she arrives. The trick is explaining what the purpose of her travel is, and if she says she plan to become a permanent resident or in any way reveals her intent to remain in the United States even though she is coming on a temporary visa, she could greatly complicate her case. Your father would do well to...
If your mother enters the US lawfully and is able to do so without any indication of fraud or misrepresentation when she enters, your father can file an immigrant visa petition for her when she arrives. The trick is explaining what the purpose of her travel is, and if she says she plan to become a permanent resident or in any way reveals her intent to remain in the United States even though she is coming on a temporary visa, she could greatly complicate her case. Your father would do well to...
Q: How soon after I drop out of school will I lose my student visa?
Peter Munsing's answer
You have 60 days after your course ends. If you drop out it won't be more than 60 and may be less. Consider not dropping out, epecially if you've paid the tuition and room and board.
You have 60 days after your course ends. If you drop out it won't be more than 60 and may be less. Consider not dropping out, epecially if you've paid the tuition and room and board.
Q: Can the I130 form for my dad be approved and he moves to the US although he has Alzheimer and unable to speak or walk?
Ms Grace I Gardiner's answer
Yes it can be approved but he has to have a visitor visa to enter the USA. Apptoval of the I-130 does not give him status. I need additional information to advise.
Yes it can be approved but he has to have a visitor visa to enter the USA. Apptoval of the I-130 does not give him status. I need additional information to advise.
Q: I have been in the us for 14 years illegally and I have 5 kids never been in any immigration case,can I apply for a gc
Peter Munsing's answer
Given present trends you will want to find an attorney who is a member of AILA and with whom you can discuss in confidence --and with confidence--any questions you have. You want to make a time line of what happened when, where you have lived, worked etc. Anyone may apply--the question is would you be granted or are there alternative routes that are better.
Given present trends you will want to find an attorney who is a member of AILA and with whom you can discuss in confidence --and with confidence--any questions you have. You want to make a time line of what happened when, where you have lived, worked etc. Anyone may apply--the question is would you be granted or are there alternative routes that are better.
Q: My partner gave birth to our daughter in Mexico - can she become a US citizen because I am her father?
Hector E. Quiroga's answer
Yes, depending on how much time you spent in the US before the child’s birth. Also, since the child was born out of wedlock, you will need to provide evidence of your involvement in your daughter’s life.
Yes, depending on how much time you spent in the US before the child’s birth. Also, since the child was born out of wedlock, you will need to provide evidence of your involvement in your daughter’s life.
Q: If someone is here on a student visa, can they stay if they get a job here after graduation?
Carl Shusterman's answer
Yes, they can if they obtain Optional Practical Training.
Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than three months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education.
Yes, they can if they obtain Optional Practical Training.
Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for more than three months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education.
Q: How long does it take to get a decision on a green card after the interview?
Carl Shusterman's answer
It varies according to the facts in the case. Many times, our clients are approved within a week or two. Other times, USCIS refuses to make a decision for months and sometimes we have to sue them in Federal Court in order to force them to make a decision.
It varies according to the facts in the case. Many times, our clients are approved within a week or two. Other times, USCIS refuses to make a decision for months and sometimes we have to sue them in Federal Court in order to force them to make a decision.
Q: A friend is thinking of coming to the US for a year to study - what kind of visa will
Carl Shusterman's answer
The F-2 dependent visa is a nonimmigrant visa which allows dependent spouses and children(unmarried, under 21 years old) of F-1 student visa holders to enter into the U.S.
The F-2 dependent visa is a nonimmigrant visa which allows dependent spouses and children(unmarried, under 21 years old) of F-1 student visa holders to enter into the U.S.
Q: Can I apply for citizenship?
Hector E. Quiroga's answer
According to the Naturalization Eligibility Worksheet (Form M-480; page 9), “Naturalization applicants may file their applications 90 days before they have satisfied the “continuous residence” requirement.”
According to the Naturalization Eligibility Worksheet (Form M-480; page 9), “Naturalization applicants may file their applications 90 days before they have satisfied the “continuous residence” requirement.”
Q: I’m an international student got married to a us citizen but after i married him i figured out he is married a confid-
Mark Oakley's answer
Unfortunately (or fortunately, depending on how you look at it), your marriage is void under the law and you are not currently legally married. The issue for you is do you act now to establish a court record voiding the marriage, since obviously doing so may have adverse consequences to your immigration status. You need to speak to an immigration lawyer concerning timing and options. If you wish to be married to this person, and can wait for his divorce to come through and then remarry, and...
Unfortunately (or fortunately, depending on how you look at it), your marriage is void under the law and you are not currently legally married. The issue for you is do you act now to establish a court record voiding the marriage, since obviously doing so may have adverse consequences to your immigration status. You need to speak to an immigration lawyer concerning timing and options. If you wish to be married to this person, and can wait for his divorce to come through and then remarry, and...
Q: Hi i am an illegal immigrant and I just had been threatened with a gun what can I do?
2 Answers
| Asked
in
Criminal Law, Immigration Law and Federal Crimes
for
Maryland
on
Answered on Feb 21, 2018
Answered on Feb 21, 2018
Q: I need help.
Mark Oakley's answer
Who was your lawyer for the case? That should be your first contact, because they may still have their file on the matter. Alternatively you can try to file a motion to unseal the expunged record, which is possible so long as the physical file has not yet been shredded under the State document retention law. Unfortunately, a pbj is treated the same as a conviction for immigration purposes, and may bar you from obtaining citizenship, so this is very serious. It may even trigger deportation...
Who was your lawyer for the case? That should be your first contact, because they may still have their file on the matter. Alternatively you can try to file a motion to unseal the expunged record, which is possible so long as the physical file has not yet been shredded under the State document retention law. Unfortunately, a pbj is treated the same as a conviction for immigration purposes, and may bar you from obtaining citizenship, so this is very serious. It may even trigger deportation...
Q: My SO lives in DC and has cannabis plants more than the legal limit in his house.I live in MD.Will that impact me?
Mark Oakley's answer
If the police were to raid his house, anyone in the house could be arrested and charged. Whether the prosecutor ultimately follows through with the prosecution and whether you can be convicted would depend on the evidence and possibly your and your boyfriend’s credibility if you both testify that you were not involved in the cultivation or possession of the plants. However, anyone in the house can be deemed to be in “constructive possession” of any contraband openly visible within the...
If the police were to raid his house, anyone in the house could be arrested and charged. Whether the prosecutor ultimately follows through with the prosecution and whether you can be convicted would depend on the evidence and possibly your and your boyfriend’s credibility if you both testify that you were not involved in the cultivation or possession of the plants. However, anyone in the house can be deemed to be in “constructive possession” of any contraband openly visible within the...
Q: I moved here from Canada on a visa, can the US take money from my paycheck? Besides regular Fed/State taxes?
Hector E. Quiroga's answer
Your best bet would be to contact a tax professional to see what exactly is being taken out of your paycheck. Just because you are here on a visa should have no bearing on what is taken out.
Your best bet would be to contact a tax professional to see what exactly is being taken out of your paycheck. Just because you are here on a visa should have no bearing on what is taken out.
Q: Are sanctuary cities illegal?
Hector E. Quiroga's answer
The term: “sanctuary cities” is someone vague and means different things to different people. Some cities, for example, forbid any city official from raising immigration status in any individual’s interaction with city employees. Other cities prohibit law enforcement officers from engaging with immigration police officers.
The Trump Administration threatened to withhold federal funds from cities it deemed to be sanctuary cities, but a federal court concluded that such an action...
The term: “sanctuary cities” is someone vague and means different things to different people. Some cities, for example, forbid any city official from raising immigration status in any individual’s interaction with city employees. Other cities prohibit law enforcement officers from engaging with immigration police officers.
The Trump Administration threatened to withhold federal funds from cities it deemed to be sanctuary cities, but a federal court concluded that such an action...
Q: If an N400 applicant passes the English portion of the test, can USCIS ask for a re-examination?
Hector E. Quiroga's answer
Hard to say. It is best that she go, and she can take the evidence that she’s already passed and see what they say.
Hard to say. It is best that she go, and she can take the evidence that she’s already passed and see what they say.
Q: My case said "waiting for Interview to be scheduled". Then it changed to "notice eturned to USCIS". Should I be worried?
Myron Morales' answer
Make an InfoPass appointment at USCIS.gov and go to the nearest local office to have a copy of the notice printed.
Make an InfoPass appointment at USCIS.gov and go to the nearest local office to have a copy of the notice printed.
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.
