Jonathan Scott Greeneā€™s Answers

Jonathan Scott Greene

Columbia Family Law Attorney.

Contributor Level 9
  1. How can a military member marry an illegal immigrant and if there's any consequences? how can it be done properly?

    Answered about 2 years ago.

    1. Jonathan Scott Greene
    2. Giacomo Jacques Behar
    3. Luis Alberto Guerra
    3 lawyer answers

    It's critical to find out whether the person entered without inspection or came to the U.S. on a visa and overstayed the visa, since a different course of action would apply. The best suggestion is to consult with an experienced immigration attorney who can find out all the pertinent information and provide complete legal advice. Seeking parole in place first may not be necessary, depending on the circumstances.

    6 lawyers agreed with this answer

  2. My two year home residency requirement will be end by June 2013. When will be the best time to apply K 3 visa?

    Answered about 2 years ago.

    1. F. J. Capriotti III
    2. Jonathan Scott Greene
    3. Giacomo Jacques Behar
    3 lawyer answers

    There are always complicated timing issues involved in marriage cases like yours. It's best to consult with an experienced immigration attorney to discuss the best procedures. If you and your boyfriend plan to marry, you have to decide whether you want to marry in the United States or another country. If you are waiting to get married in the United States, you will want to consider the fiancee visa. If you want to get married outside the United States to pursue to the K-3 visa, there is...

    6 lawyers agreed with this answer

  3. After expiry of my reentry visa do i continue using green card to travel out of the USA?

    Answered about 2 years ago.

    1. Giacomo Jacques Behar
    2. Jonathan Scott Greene
    3. Obadan Unuigbojie Iziokhai
    3 lawyer answers

    You indicated you had a "reentry visa." Do you mean a reentry permit? If you needed a two-year reentry permit to depart and reenter the United States, you cannot renew it. However, you can obtain new ones for one-year periods up to a total of five years. The problem is that reentry permits are generally used when a person is going to be outside the U.S. for more than one year. So this might not be useful. Also, an applicant needs to be in the U.S. to apply for a new permit and be here to...

    6 lawyers agreed with this answer

  4. Does H1 applicants need to stay in US, during their processing application time?

    Answered about 2 years ago.

    1. Jonathan Scott Greene
    2. Giacomo Jacques Behar
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    As a general rule, departing the United States while a change or an extension of status application is pending would result in abandonment of the change or extension request and require the applicant to obtain a new visa at a U.S. consulate outside the United States if the original visa has expired. There are a lot of timing considerations, some of which depend on the type of status held by an applicant and prior immigration history. I would highly recommend consulting with an experienced...

    6 lawyers agreed with this answer

  5. I am a canadian citizen. I have been arrested and charged for a crime of moral turpitude(misdemeanor) can I come back to the US?

    Answered about 2 years ago.

    1. Jonathan Scott Greene
    2. Rudolph Baboun
    3. Giacomo Jacques Behar
    4. Luis Alberto Guerra
    5. Jose Bernardo Lovo
    5 lawyer answers

    Many criminal convictions are not considered to be vacated in immigration law even where the state or province eliminates the sentence afterward. If you have admitted committing a crime involving moral turpitude, you may still be deemed to be inadmissible. There may be a petty offense or youthful offender exception available if this is an issue. The best thing to do is consult with an immigration attorney who has experience in the immigration consequences of criminal convictions.

    5 lawyers agreed with this answer

  6. Can my wife re-enter the country with a green card that I will mail to her overseas?

    Answered about 2 years ago.

    1. J Charles Ferrari
    2. Jonathan Scott Greene
    3. Marc Damien Sean Taylor
    4. Karen-Lee Pollak
    5. Young Ah Ri
    5 lawyer answers

    If your wife departed the United States prior to obtaining permanent residence, she may be deemed to have abandoned her adjustment of status application and her permanent residence status could be in jeopardy. You should consult with an experienced immigration attorney and present all of the documents relevant to your case so the attorney can determine the extent of the problem your wife may be facing. Another problem might arise in the event of mailing the card. Mail services are...

    5 lawyers agreed with this answer

  7. How to find out if someone is going through divorce?

    Answered about 2 years ago.

    1. Jonathan Scott Greene
    2. Debra Sue Friedman
    3. Atousa Saei
    3 lawyer answers

    This is not really a legal question. If you wish to review whether any cases have been filed in court involving a person as a party, you may search the Maryland Judiciary Case Search site. The link is below.

    3 lawyers agreed with this answer

  8. Immigration, Divorce and Annullment

    Answered about 2 years ago.

    1. Jonathan Scott Greene
    2. Stephen D. Berman
    3. J Charles Ferrari
    3 lawyer answers

    Your question requires more information about your current immigration status and prior immigration history. It would also help to be able to review all of the pleadings in the annulment case and your representations to the court. You should consult with a local attorney who is experienced in both family law and immigration law.

    3 lawyers agreed with this answer

  9. I am collating the forms needed to change my status from F-1 as I am marrying a US citizen. Is the form G325a ALWAYS submitted?

    Answered about 2 years ago.

    1. Maria Isabel Cueva
    2. Giacomo Jacques Behar
    3. Jonathan Scott Greene
    4. F. J. Capriotti III
    4 lawyer answers

    Form G-325a is required to be submitted in all marriage-based I-130 cases by each spouse. If you fail to file the required forms, you will receive a notice requesting your forms and your case will be delayed as a result. The sponsor on Form I-864 can submit a tax transcript if the actual returns are unavailable, but if no returns were filed, there is going to be extreme difficulty in proving that the sponsor has the income required under federal law. If the sponsor is simply going to use...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I would like to apply for an L1-A visa for myself. Do I need to have US employees?

    Answered about 2 years ago.

    1. Jason Eric Feldman
    2. Giacomo Jacques Behar
    3. Jonathan Scott Greene
    4. Emily Katherine Allen
    4 lawyer answers

    L-1A cases are fairly complicated for new business start-ups. Obviously you wont' have any employees until the U.S. company can be created, but your business plan has to show how you are going to be a manager or executive of the enterprise. That usually requires having employees to do the front line work of the company. You need to consult with an immigration attorney who has experience in L-1A start-ups and dealing with the sometimes onerous requirements of USCIS in adjudicating these cases.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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