Michael L. Kabik's Answers

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

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...

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

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...

E2 visa was denied

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...

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

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...

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

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...

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

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....

H-1B visa spouse details ?

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...