Published on Lawyers.com and the Epoch Times on December 26, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Can I Get a Drivers License?

I got to America with a student F visa, however after a year of attending, I couldn't pay the tuition and so I fell out of status and left the school. I am currently in another State and work illegal with the social the school gave me but I pay taxes too. The state I am in is Maryland and the school I attended was in Michigan.  Can I get a Maryland drivers license?

Mr. Lee answers:

Under the Maryland Highway Safety Act, undocumented immigrants living in the state of Maryland who have filed taxes for the past two years or been claimed as a dependent for that period of time in that state can apply for driver's licenses if they have proof of identity, age, and residence in the state.

Q&A 2.

Can a Final Peace Order Slow Down My Immigration Paper Work That Got Sumitted?

My paper work so I can become an American resident got submitted and it's being processed right now. But I got a Final peace order against me. I want to know if this will slow down my immigration process in any way.

Mr. Lee answers:

As I understand from a short scan on the Internet, a final peace order in Maryland is one in which an individual is ordered to refrain from doing any of a number of acts against another individual. A person who is applying for permanent residence must be admissible to the US. A person who admits to the commission of acts which make him or her inadmissible is barred from the US even if there is no conviction. So a final peace order could slow down your immigration paperwork.

Q&A 3.

Can My Husband Make Legal With No Problem?

I’m recently receiving my DACA permission and have been approved.  I’m going to marry my boyfriend and he is a U.S. citizen. Can he make me a resident?

Mr. Lee answers:

Probably the question in your case is whether you are adjustable to permanent residence in the country, and that would depend upon whether you entered the country legally. A person who entered the country without inspection is not allowed to adjust status unless he or she has the benefit of §245 (i), under which the individual has a labor certification application or immigrant visa petition filed by April 30, 2001 and has been physically present in the country on December 21, 2000. Lacking that, you could attempt to obtain an advance parole with your DA CA status to make another entry which will hopefully allow U.S.C.I.S. to consider you as no longer an illegal entrant. Such advance parole can be approved for schooling or business related reasons or emergent circumstances. Another option could possibly be your husband applying for you under the I-601A program under which you would interview overseas, but could file a waiver of the 10 year bar for being in the country illegally for over one year and have an adjudication of such made while you are still here. The waiver would be based upon establishing extreme hardship to your husband if you cannot obtain residence status.

Q&A 4.

Can My Wife Still Use Her Granted 10 Year Tourist Visa After We Got Married?

I am a legal permanent resident here in USA for 6 months now. My girl friend and I got married last week. She planned to visit me here in Aug and Dec as she is living in UK.

Mr. Lee answers:

Your wife is still entitled to use her 10 year tourist visa after your marriage, but she must convince the immigration officers when she arrives that she is only coming on a temporary basis. She should tell the truth every time she comes to the States. She should also understand that the visiting visa does not entitle her to stay long periods of time in the US.

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.