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Michael L. Kabik

Michael Kabik’s Answers

7 total

  • Working with EAD ,based on I-485 with priority date of Jan 2004 in EB3.Can i go for consular processing in india

    IF i go for consular processing in India, what application need to be filed, How long it will take for getting GC(on approximate estimate).Reason for this is, my would be bride is from India. Currently working with EAD and AC21 with current empl...

    Michael’s Answer

    You can only consular process your Immigrant Visa once your priority date is current. You can monitor priority dates by checking the Dept. of State Visa Bulletin at this link: http://travel.state.gov/visa/bulletin/bulletin_1360.html. The Visa Bulletin is updated for each month and the Dept. of State posts the each Visa Bulletin about 2 weeks ahead of the coming month. The delays for Indian nationals in the EB-3 category are longer than most others due to the limited supply (quota) and high demand.

    If you are porting your Greencard application to a new employer, it is very important to notify the U.S. Citizenship and Immigration Services (CIS), providing supporting documentation to show legal qualification. This should be done as soon as you move to new qualifying employment so that the CIS has it in its file to review once your priority date becomes current. If this is not done, it may cause significant problems later, either if a Request for Evidence is issued by the CIS or at the time of applying for U.S. citizenship when the CIS will re-examine your Greencard file.

    Your fiancée in India may want to consider another type of nonimmigrant visa option such as H-1B. H-1B allows "dual intent" meaning that she can intend to immigrate to the U.S. and need not show a foreign residence or ties to the home country.

    MICHAEL L. KABIK
    ATTORNEY AT LAW
    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891
    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005
    ShulmanRogers.com | BIO | VCARD

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  • E2 visa was denied

    My friend bought a motel in us worth $ 800000 paid 100000 in advance remaining amount was financed by the owner but my friend's application was denied for E2 visa any particular reason?

    Michael’s Answer

    E-2 Treaty Investor Visas have a number of legal requirements. Focusing on the amount of the investment, it must be an active investment. This means an irrevocable commitment of funds. While an investment may be in process, i.e., a start-up company, the investment must be the investor’s own resources and must be “at risk.” The investment also cannot be “marginal.” This means to only support the investor and his family. The investment must create job opportunities for U.S. workers. The investment furthermore must be “substantial.” While there is no minimum dollar amount, a proportionality test is used that takes into account the type and size of the business. The lower the cost of the business, the higher the proportionality the investment must be in order to be considered “substantial.”

    There are numerous issues that impact E-2 Treaty Investor Visa qualification and viability. Your friend should consult with experienced immigration counsel about his specific case. This is general information and not legal advice about your friend’s specific situation. Your friend may contact me to discuss in detail.

    Sincerely,

    Mike Kabik

    MICHAEL L. KABIK
    ATTORNEY AT LAW

    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891

    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005

    ShulmanRogers.com | BIO | VCARD
    Bio: http://www.shulmanrogers.com/attorneys-118.html

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  • My wife is a foreigner and abroad, how can i bring my wife and daughter to America

    am an American and i will like to bring my wife and daughter, what will i do

    Michael’s Answer

    U.S. citizens may sponsor "immediate relatives" who are abroad such as a spouse and child for permanent residence. (Where a child is born abroad to a U.S. citizen parent, in certain circumstances, that child will be a U.S. citizen at birth. This is a complex area of law and heavily dependent upon the facts of the case. Where a determination as to citizenship has not been made already, it is important to seek legal advice.) Where the U.S. citizen is in the United States, if the spouse and child are abroad, the U.S. citizen will need to file a Petition for Alien Relative for each of them with the U.S. Citizenship and Immigration Services. Once the Petitions for Alien Relatives are approved, the spouse and child may then file for Immigrant Visas at the U.S. embassy or consulate in their country. Alternatively, in order to minimize the time of separation and waiting abroad, the U.S. citizen may also file a K-3 spouse petition for the spouse and for the child in order to allow them to come to the U.S. in a more expedited manner with K-3 visas and complete the permanent residence process in the U.S. by filing Applications to Adjust Status. Anyone coming to the U.S. in either an immigrant (greencard) or nonimmigrant (temporary visa) status must be "admissible." There are numerous issues that impact a person’s admissibility to the U.S. You should consult with experienced immigration counsel about your specific case. This is general information and not legal advice about your specific situation.

    Sincerely,

    Mike Kabik

    MICHAEL L. KABIK
    ATTORNEY AT LAW

    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891

    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005

    ShulmanRogers.com | BIO | VCARD
    Bio: http://www.shulmanrogers.com/attorneys-118.html

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  • Any legal ways to stay in USA without getting married with an U.S Citizen??

    I am pregnant with a US Citizen but right now we dont wanna get married just because the baby. I am on a J-1 visa status until next year april. But if I quit the program, i will have to leave USA immediately. So any advices what option we have so ...

    Michael’s Answer

    Some J-1’s are subject to the Two-Year Foreign Residence Requirement under section 212(e) of the Immigration and Nationality Act. This could impact the ability to change status to another visa category and remain in the U.S. Where applicable, the holder of J-1 status must abide by this requirement, unless she can obtain a waiver. There are different grounds for waivers of the Two-Year Foreign Residence Requirement depending upon factors including how your program was funded or whether your program puts you under the Skills List for your country. The first step in assessing your situation is to know whether the Two-Year Foreign Residence Requirement is applicable to you. If it is not applicable, then you can consider other options to extend your J-1 status or change to another visa status. This is a very complex area and its best to seek the advice of immigration counsel. Please contact me if you wish to consult about these issues.

    Very truly yours,

    Mike Kabik

    MICHAEL L. KABIK
    ATTORNEY AT LAW

    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891

    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005

    ShulmanRogers.com | BIO | VCARD

    See question 
  • How long does it take to get an interview with immigration after a form n-336 is filed.

    how long does it take to get an interview with an immigration officer after a form N-336 has been filed.

    Michael’s Answer

    Your question indicates that you are in Silver Spring, Maryland which would put you in the jurisdiction of the Baltimore District Office of the CIS. Scheduling N-336 hearings (interviews) based on recent experience is less than 2 months from filing the N-336 with CIS. Depending upon the basis of your N-400 Application for Naturalization denial and N-336 Request for Hearing, you may benefit from having immigration counsel represent you at the hearing. It’s best to seek the advice of immigration counsel before the hearing, even if you intend to go it alone. Please contact me if you wish to consult about these issues.

    Very truly yours,

    Mike Kabik

    MICHAEL L. KABIK
    ATTORNEY AT LAW

    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891

    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005

    ShulmanRogers.com | BIO | VCARD

    See question 
  • I lied on my citizenship application regarding an arrest overseas, no conviction, case dismissed!

    My application is now pending for one year, will i ever get my citizenship? is is safe for me to travel to my country and back to the usa while this is pending?

    Michael’s Answer

    Good moral character is a key requirement for citizenship. A misrepresentation about an arrest could have a negative impact on your application. The issue of travel is more complex as it depends on numerous factors. It’s best to seek the advice of immigration counsel on both of the above issues. Please contact me if you wish to consult about these issues.

    Very truly yours,

    Mike Kabik

    MICHAEL L. KABIK
    ATTORNEY AT LAW

    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891

    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005

    ShulmanRogers.com | BIO | VCARD

    See question 
  • H-1B visa spouse details ?

    Hi can the spouse work in USA if she belongs to a H-1 B visa holding husband ? What are all the other restrictions for the dependent spouse visa ? Can anyone plz help me out with this ?

    Michael’s Answer

    Spouses of persons with H-1B status are eligible for derivative H-4 status. This H-4 nonimmigrant status allows spouses to remain temporarily in the U.S. as well as to study at university. However, H-4 status does not allow a person to work in the U.S.

    Some spouses of H-1B visa holders obtain their own H-1B sponsorships. This may be an option if the spouse is otherwise qualified for H-1B status (possesses U.S. bachelor's degree or equivalent) and has a sponsoring employer to file the H-1B petition with the U.S. Citizenship and Immigration Services.

    Other types of visas do allow spouses to obtain temporary work permits (EADs) without needing a sponsoring employer. These are visas in the L-1 (intra-company transferee) or E-1 (treaty trader), E-2 (treaty investor), or E-3 (Australian professional).

    Please feel free to contact me if I can be of help further.

    Mike Kabik

    MICHAEL L. KABIK
    ATTORNEY AT LAW

    mkabik@shulmanrogers.com | T 301.231.0937 | F 301.230.2891

    SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
    12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
    1100 New York Avenue, NW, Suite 500, West Tower, Washington, D.C. 20005

    ShulmanRogers.com | BIO | VCARD
    My Bio: http://www.shulmanrogers.com/attorneys-118.html

    See question