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Illinois Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Illinois on
Q: Does immigration reuse your biometric after four years when they denied the case, my friend remarry

and her husband filled for her, she received a notice that the USCIS want to reuse her past biometric

Kevin L Dixler
Kevin L Dixler answered on May 19, 2022

Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: I am currently a full time employee at Amazon so is there is a way to get a green card through the employer?
Kevin L Dixler
Kevin L Dixler answered on May 19, 2022

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Is someone can apply for the citizenship who has misdemeanor charges and one year observation?

I am in living in this country more than 7 years and my arresting date time is more than 3 years till now. Am i eligible for applying the us citizenship thanks

Kevin L Dixler
Kevin L Dixler answered on May 19, 2022

If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.

Also, if you have not yet become a...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can immigration reuse your biometric after four years

Good morning, pls I will like to ask a question

Does immigration reuse your biometric after four years?

My friend apply with her ex husband, and thier case was denied, she remarry and her husband filed for her and got an mail that state that, uscis with reuse her pass biometric,... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 14, 2022

If the first case was denied, the it is possible that the second USC husband is disqualified from filing a form I-130 petition as a matter of law. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation before there are any other... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: i need help with what documents i need to provide with my i140
Kevin L Dixler
Kevin L Dixler answered on May 9, 2022

The form I-140 is used for most forms of employment based immigration. That means that the documentation needed will depend upon the category, but more importantly whether you qualify. Too often, applicants are denied, who lack the qualifications, required certifications and/or verifiable... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: I want to apply for my parents green card i am us citizen. I dont have employment so can i qualify to apply if i dont

Have a source of income for my affidavit of support to show . Can i show my husbands salary in the affidavit of support?

Agnes Jury
Agnes Jury answered on May 6, 2022

You need to complete the affidavit of support (I-864) and you can use your husband's income in your affidavit BUT he will also have to complete and sign the Household Member Contract (form I-864A). Best wishes!

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1 Answer | Asked in Immigration Law for Illinois on
Q: I am a us citizen.. i am planning to apply for my parents green card but i am not employed to show income.

Can i show my husbands salary as affidavit of support in application

Agnes Jury
Agnes Jury answered on May 6, 2022

In order to use your husband's income he would have to complete and sign the household member's contract (form I-864A). https://www.uscis.gov/i-864a. Best wishes!

1 Answer | Asked in Immigration Law for Illinois on
Q: What happens when you file i129f and the beneficiary move to another country, can we transfer the case?

I filed for K1 visa august 2021 and since USCIS processing times keep increasing , my fiance is planning to go to Canada on a student visa so it will be easy for us to meet each other often. What happens to our i129f process when he move to Canada? He is originally from Sri Lanka.

Kevin L Dixler
Kevin L Dixler answered on Apr 5, 2022

Your husband may want to return to Sri Lanka for consular processing. It is challenging to transfer consular processing to Canada once the I-129F petition is filed and approved. The time frame for such transfers can prove frustrating to applicants.

2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Can I sponsor my husband whom is an immigrant, on section 8? I am working and may meet the income eligibility level

I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 5, 2022

Means tested benefits can disqualify applicants for immigration. Section 8 Vouchers are an issue. You must earn enough at 125% of the Health and Human Services poverty levels to petition your husband. If you, as the petitioner, accept vouchers, then this can be a challenge upon discovery.... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Is it okay to accept a job on H1B visa where the job is 100% remote?

I'm originally from India. Have been in US for more than 9 years. I live in Illinois. I've been working working for a company in Illinois (say Company A) with an active H1B and an approved i140 (priority date May 2021). I got an offer from a company B in San Francisco. The job can be... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 18, 2022

First, you cannot work for a new employer unless the H1-b application is filed and you have a substantially similar position. That means that employer B seems to be violating the law by insisting that you work one month before it will consider filing what it is supposed to file before you begin... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can you apply for an immediate family green card while having a different-category green card pending?

Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 2, 2022

Yes.

If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, U-visa approved 2016. 485 applied2021 April, got travel documents. Entry 2006 with C1D visa, is it OK to travel now?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 11, 2021

I would wait for getting an approval of lawful permanent residency status, then placing a stamp called I-551 in your foreign national valid passport, or applying for a reentry permit for lawful permanent resident form I-131 before your travel abroad.

3 Answers | Asked in Immigration Law for Illinois on
Q: I’ve been married for 3 years and filed form i751 in July. If I file divorce now can I still get my 10 year green card

I did not get my 10 year green card yet but they gave me a 24 month extension.

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Dec 11, 2021

It seems as if you filed a joint application for the removal of conditions. That means you and your spouse put the documents in and so now if you file for divorce other documents and information is needed. You should talk immediately with a lawyer to understand all that is needed.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I want to make for my son in-low I130- while he exceeded 18 but when I married his father was under 18 years old

I married my husband since a year and made for him I130 ( still under approval), and now I want to make for my son in-low another I130, his son already now exceeded 18 years old but when I married he was under 18 at this time.

Stephen Arnold Black
Stephen Arnold Black answered on Dec 10, 2021

OK so I think you are confused by the terms son-in-law and stepson. If you married your stepson’s father prior to the stepson’s 18th birthday, then it is possible that you could Sponsor your stepson for his green card. More facts would be needed to know before a final determination is made.

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3 Answers | Asked in Immigration Law for Illinois on
Q: My father is trying to get citizenship after having a green card. He can't remember his draft registration date. 1959

He was born in 1935. The registration was in 1959 or 1960. The citizenship application asks for the date of draft registration. My father can't remember the date and we can't get the information from the selective service site because it is too long ago. Is there a way to get around... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 5, 2021

Draft registration was brought back by President Carter. Those born in 1959 did not have to register.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I applied for OPT but i didn't use it. I'm getting 2nd master and OPT as well, is there any way I can do OPT this time?

I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 16, 2021

The USCIS places a 12 month limit per degree level on OPT, but there is no stipulation that the whole 12 months must be used at once. This means that if visa holders do not use their entire 12 month period during their first Master’s degree, however many months they have not used can be applied... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: If you overstay your esta by two days because you took a second covid vaccine, is it possible to get a tourist visa

the individual lives in Japan and was visiting chicago. While in Chicago she took the moderna vaccine in february and the second vaccine in March. Unfortunately there were no flights leaving for Japan until two days after she had the second vaccine. It was important to take the vaccine here... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2021

More information is needed. Was she denied a B2 visa last June? Or simply told that she couldn’t apply?

ESTA is/was possible, but confusion may have created a record that may invalidate the privilege to use ESTA.

As a result, I strongly recommend a teleconference with a competent...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Subject: Enter the US on Advanced Parole while h1b extension pending

Hello,

Greetings!

I'm in the US on a H1B visa and recently received a green card EAD + AP card. My H1B extension is pending. Can I go out of the country and get back using my Advanced Parole card and continue to keep my H1B visa?

Thank you.

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2021

These are more subtle areas of law, regulation, and DHS discretion. You can choose to abandon your “pending H1b extension,” where your adjustment was timely filed and you qualify. There may be other consequences without more information best disclosed in private.

Although the question...
Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi there my wife's a green card holder & I live in United states already I'm from Yemen & my status here is ( TPS )

Can my wife applying for me to get a green card & which form should be to fill form I-130 or I-485

note : I entered to USA with F1 visa then my visa is broken after that I applied for ( TPS ) for Yemen

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 9, 2021

No.

You need to wait until she naturalizes to petition for you.

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