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Jonathan Scott Greene

Jonathan Greene’s Answers

103 total

  • Now that DOMA has been repealed can I apply for a spousal visa if my partner and I plan to marry. He is a US citizen

    I have been studying in the USA on a visa and met my partner and am looking to get married now which would allow me to stay in the US and work. Now that DOMA has been repealed is this possible/

    Jonathan’s Answer

    The Department of Homeland Security has indicated that it will begin to ensure that immigration benefits are made available to all who are legally married. Although no official guidance has been issued, similar interpretations in the past related to transsexual marriage indicated that the marriage had to be valid in the state where it occurred. As a result, it is likely that you would need to get married in a state that recognizes same sex marriage.

    You can read the statement from DHS Secretary Janet Napolitano below.

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  • I'm permanent resident of USA ,in MD , I want to start separation with my American husband, how to secure my self ?

    I'm permanent resident of USA ,in MD , I want to start separation with my American husband, how to secure my self , because he can involve my name in his credit cards and loans ?

    Jonathan’s Answer

    You need to consult with an attorney such as me who has substantial experience in both immigration and family law issues. An attorney who does not know both areas very well can only provide you with limited information.

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  • I withdrew from N400 based on 3yr marital relationship during the interview . Would that disposal affect the 5yr stay app?

    Withdrew as I did not have documents supporting the marital union...the IO gave choice to withdraw, so I withdrew. The withdrawal letter quotes Sec. 335.10. "If the district director consents to the withdrawal, the application will be denied witho...

    Jonathan’s Answer

    I respectfully disagree with the other attorney answers. You have to look at the actual regulations that govern withdrawal for naturalization applications:

    § Sec. 335.10 Withdrawal of application. (Section amended effective 11/28/2011, 76 FR 53764)

    An applicant may request, in writing, that his or her application, filed with USCIS, be withdrawn. If USCIS consents to the withdrawal, the application will be denied without further notice to the applicant and without prejudice to any future application. The withdrawal by the applicant will constitute a waiver of any review pursuant to part 336 of this chapter. If USCIS does not consent to the withdrawal, the application for naturalization shall be adjudicated on its merits.

    If USCIS does not consent to withdrawal, it will adjudicate the application on the merits and that will have a bearing on future applications. So the answer to your question will depend on whether USCIS eventually consents to the withdrawal or not. And if you have made a misrepresentation on the application, USCIS will use that against you in the future.

    Perhaps the best thing for you is to have a consultation in person with an attorney such as me who is experienced in immigration law and the adjudication of cases at the Baltimore USCIS office.

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  • Do I need a lawyer even though my husband swears he is going to stop the divorce case? I got my court papers Friday.

    I have no job or any money to pay for a lawyer. I need to know if I should get one. I need an answer now because I will have to go back to my old job and get my job back within the next day to show I will be getting income since most I have spoken...

    Jonathan’s Answer

    Do not rely on your husband'd promise to stop the divorce. If he really is going to stop it, he needs to file a Notice of Dismissal in the office of the clerk of the court. If he does that, the case is stopped. If he tells you he has done this, you must go to the clerk's office to check this for yourself. Do not take his word for it.

    In Maryland, if you are served with a Summons and Complaint in this state you have 30 DAYS to respond by filing an Answer or a Motion to Dismiss. Go to the court BEFORE the 30-day deadline and either file an answer or a motion to dismiss using the forms they have there, if you are not going to hire an attorney. If you fail to protect yourself this way, he can seek the divorce by default. This could eliminate your rights to alimony, property, monetary award and affect child custody and child support.

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    Jonathan’s Answer

    The Affidavit of Support provides a private cause of action between the sponsor and the beneficiary to enforce the agreement if the sponsor has failed to meet his obligations. The case can be brought in state or federal court. The United States District Court for Maryland issued an opinion in the case of Younis v. Farooqi on this very issue. I have added a link to the case below for your review.

    I would recommend that you consult with an experienced immigration lawyer to discuss your options.

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  • How long does it take my parents get green card while they are in US

    Hello I am a US citizen and my parents entered US lawfully, then I applied for green card, it is almost 6 months passed, no news. They did fingerprint but the process stopes on background check for 6 month. Now their visa is expired, I think they...

    Jonathan’s Answer

    If you have an attorney handling this case, you should consult with your attorney. If you do not, you might want to check online or call national customer service to find out if the cases have been transferred to Baltimore or are still at the service center. If they are in Baltimore, you can arrange for an Infopass appointment. If you filed the I-130 petition and that is in process, you can find out the status at the Infopass. If the I-485 applications are in process, the applicants have to go to the Infopass.

    If you obtained your citizenship after having been granted asylum, you should be aware that a large number of such cases and the relating derivative actions are under investigation because a certain attorney filed hundreds of such asylum cases fraudulently for Iranian citizens. It may take years for those case reviews to be completed. Check the link below to see if this was your attorney.

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  • I came to the US when i was 13 and meet all the requirements for the dream act. However , i had to change my visa to a f1 to avo

    I came to the US when i was 13 and meet all the requirements for the dream act. However , i had to change my visa to a f1 to avoid being illegal, can i still apple for the dream act?

    Jonathan’s Answer

    • Selected as best answer

    You may or may not be eligible for DACA relief, depending on whether you have maintained your student status. The best thing you can do is meet with an experienced immigration attorney for a complete consultation to determine your options.

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  • International Student winning VISA lottery?!

    My freind who is an international student(F-1), went out of status becuase he got arrested and spent some time in jail( he couldnt make bail), anyways the chrages were found to be based on lies as the victim confessed that she made the false state...

    Jonathan’s Answer

    The diversity visa lottery has a number of drawbacks. First, only citizens of certain countries are eligible. Second, not all citizens of those countries are eligible. Third, only 100,000 of the approximate 8 million applicants each year are sent letters that they may have won. Fourth, only about 50,000 of the 100,000 actually get to permanent residence. Fifth, everyone who applies must answer on future immigration petitions and applications that they have sought permanent residence in the past and thus have immigrant intent. This can make it exceedingly difficult to obtain future non-immigrant visas. Sixth, those seeking to adjust status in the United States on the diversity visa must have maintain status the entire time. So failing to maintain student status will make a person ineligible to adjust status.

    Marrying a U.S. citizen is a separate issue from the diversity visa, but it offers other opportunities to obtain permanent resident that are not dependent on maintaining status.

    The best suggestion is for your friend to meet with an experienced immigration attorney who understands these issues.

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  • Is allowing my 12yo son to continue to visit his dad who now lives across the street from a reg. sex offender endangerment?

    Legally we have had joint custody since we divorced in 2002, however, our son has lived with me full-time since 2005. He visits his father 3 nights a week and every other weekend. I just found out that a convicted, 1st degree rapist w/weapon has m...

    Jonathan’s Answer

    Custody issues can be very complicated, so it might be helpful for you to have a full consultation with an experienced family law attorney. If there is an existing court order regarding custody, modification requires a showing of a substantial change in circumstances. Whether the situation you describe is such a change depends on other factors, such as parental supervision, contact with the neighbor, awareness by the child's father, etc. There may be other reasons why a change in custody might be advisable, insofar as the divorce occurred ten years ago and your child's needs have probably changed a great deal since then.

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  • Can I get full permanent custody of my child?

    My childs father has two conviction for domestic violence against me. And currently has three active warrants. He is verbally and pyhsically abusuve to both me and the child.

    Jonathan’s Answer

    Custody determinations depend on the facts of a particular case. If the child's father consents to custody and signs a formal agreement, that agreement can be binding. If there is no consent, you would need to seek a court order relating to custody. You may be able to obtain custody on a temporary basis through a Protective Order, but if you want an order that lasts indefinitely, you will have to seek that from the Circuit Court in a separate custody case. Please bear in mind that there is no such thing as "permanent" custody because a party can always go to court to seek a modification of custody if there is a substantial change in circumstances.

    It might be helpful for you to consult with an experienced family law attorney to discuss these matters in depth.

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