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Questions Answered by Drew Elesh
1 Answer | Asked in Immigration Law for Texas on
Q: Can i move back to h4 ead from h1 just with change of status?

While on an H1 visa i applied for a H4 EAD in Feb 2019 since i was unsure if my H1 will get extended as we were hearing about a lot of rejections. after my H4 EAD card came in, my H1 also got extended and i have continued on my H1. Now i want to move to H4 EAD again. Will my old H4 EAD still be... Read more »

Drew Elesh
Drew Elesh answered on Jun 9, 2020

Yes you can do a change of status to H-4.

You do need to be aware of any presidential proclamations in June or July which may terminate EAD authorization for H-4. That is a possibility according to the recent news and the White House.

3 Answers | Asked in Immigration Law for Maryland on
Q: My I-485 was denied because I didn’t file I-864 along with it. In the denial letter it says Im not allowed to appeal.

Note that it also says that as at the time of my filing I was still legally present it the u.s. so I want to know the way forward.

Drew Elesh
Drew Elesh answered on Jun 8, 2020

Best option in your case is reapply. We give you a substantial discount because you already spent so much time and the fees.

Your I-130 fee does not need to be paid again . We would need federal income taxes from your wife including any W-2 and a recent paycheck. If she is not working you...
Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an Asylum applicant and I’m a green card holder. We got a I 130 approval can he apply to adjustment of status?

We submitted a I-130 form and recently it was approved. I am a green card holder and he is an Assylum applicant. Can he apply for the I-485 adjustment of status ? Someone told me I needed to be a citizenship before he can apply for a green card. Is that true? He has never been here illegally. Since... Read more »

Drew Elesh
Drew Elesh answered on May 27, 2020

The beneficiary (your spouse) needs to be on a valid visa to benefit from

an I-485. Since he is not a valid visa you would need to be a U.S. citizen

to adjust to a permanent resident of the U.S. You are correct that he has had

a valid work permit but that is not the same...
Read more »

1 Answer | Asked in Immigration Law for Montana on
Q: The National Visa Center keeps asking for the same civil documents.

The National Visa Center keeps asking for the same civil documents (copy of marriage certificate or police record), I submitted all the docs and they were approved, with the I-130 which is also approved. What’s going on at the NVC?”

Drew Elesh
Drew Elesh answered on May 26, 2020

we have fixed this for several clients this year.

We can represent you for the final stages of setting up the

profile and complete the remaining forms including the Dept of State

forms and prepare the client for interview. There is also a new public charge

form added since Feb.

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Can a permanent resident enter the US without a green card but using a combo card?

I visited my sick mom with an emergency parole for 30days. I came within the time period and received my combo card which is valid for a year without any conditions. I also got a "paroled" stamp on my passport nearly valid for an year when I entered with the parole document. I went back... Read more »

Drew Elesh
Drew Elesh answered on May 19, 2020

Better your wife sends you the Greencard by FedEx. Then no problems upon entry to USA.

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3 Answers | Asked in Immigration Law on
Q: How can my husband get a green card if he already has a U.S Tourist visa?

I am a U.S Citizen and have lived almost my whole life in Mexico. My husband currently has a U.S tourist visa, and we got married In the U.S a few years ago. We both live in Mexico, what would be the first step in getting him a green card? What forms do I need to fill out?

Drew Elesh
Drew Elesh answered on May 19, 2020

We can apply for your husband in the U.S. with the Department of Homeland Security.

It requires a copy of your marriage certificate and proof of U.S. citizenship such as

your birth cert or U.S. passport. We do any translations if necessary.

We charge a flat fee for the...
Read more »

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1 Answer | Asked in Immigration Law for Ohio on
Q: My latest I-797 form was transferred from WAC TO EAC Center. Where should i mail my I-539 application? Thank You!!

Hello Sir / Madam,

My latest I-797 form to extend my status was filed to California center and they transferred it to Vermont center. My petition was denied and I'm unable to return back to home country due to current pandemic situation. I'm trying to file Form I-539 Change to... Read more »

Drew Elesh
Drew Elesh answered on May 17, 2020

Follow the instructions at USCIS.gov which have direct filing addresses. That determines the correct address. For example for extensions it may be a Dallas Texas P.O. Box

1 Answer | Asked in Immigration Law for Texas on
Q: My friend is US citizen, she wants to petition her mother but she is unemployed right now what will be her currentincome

So she filed joint tax return for the last year and with her husband joint income is 44K. And their household size including intending immigrant is 5. So is it ok to write joint income which is in 2019 tax return from IRS for the question of current income for the Form I-864?

Drew Elesh
Drew Elesh answered on May 16, 2020

No. It is more complex than that. It is possible to combine the income of the

household member (husband) but that requires more. Also her current income is

nothing (0.00) unless she is paid unemployment insurance from the state.

I would get an experienced attorney to...
Read more »

2 Answers | Asked in Immigration Law, International Law and Juvenile Law for Maryland on
Q: I’m currently a student in Maryland and my dad left me around 2 years ago and I haven’t know nothing about my case since
Drew Elesh
Drew Elesh answered on May 16, 2020

If you call our office Monday we can get more information and help you. Call 773 679 8613

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1 Answer | Asked in Immigration Law for California on
Q: What are my options? How will things change due to moving to Maryland when I file for a visa petition after marriage?

So my girlfriend and I are now engaged. We have both decided that she will remain an undocumented person in the US for the next 2 years. She will be living with me for about a year and half before we marry. We are moving from California to my home state of Maryland as soon as I’m done with my... Read more »

Drew Elesh
Drew Elesh answered on May 15, 2020

We can help you understand how you can apply for a Greencard with a waiver. If she entered the U.S. without a visa she will need a waiver. We do many of these for cases for undocumented individuals.

If detained I can represent her in immigration court and appear telephonically. If she has...
Read more »

2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Wife and I file jointly but wife used her itin which made us ineligible for stimulus money she received ssn toda

Can we do anything to still get stimulus even though we already received the tax return

Drew Elesh
Drew Elesh answered on May 15, 2020

Amend your tax return and file it with IRS

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can a conditional green card holder apply for unemployment Insurance or if they’re self employed apply for PPP ?

During this pandemic I lost my earnings as a self employed uber driver and I am on a conditional green card

Drew Elesh
Drew Elesh answered on May 14, 2020

Yes you paid into the state unemployment fund and as an LPR you are entitled to those benefits you paid into. It will not negatively impact any application to become a U.S. citizen . Other benefits like Medicaid can be problematic for those without a greencard yet. So you should apply.

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2 Answers | Asked in Immigration Law for Illinois on
Q: Is it true that me(the wife) & a citizen who receives link card benefits,would affect my husband filing process

I am citizen and the wife, but I soon heard a rumor that the trump administration are cracking down on families that recieve any kind of benefits from the government and that this would affect heavily the families seeking green cards or stay in America.

Drew Elesh
Drew Elesh answered on May 13, 2020

The new public charge form is 18 pages and requires documentation and answers regarding public benefits and financial proof such as a credit report and loans like car loans or student loans etc.... So individuals can be denied a Greencard if USCIS determines they are likely to be a public charge to... Read more »

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3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Does misdemeanor affect pending asylum request, and this misdemeanor increases in aggravated speed

If plea gulity occurs in another question like obtstruct drive view 1st and 2 second, will the second offense still affect the immigration status?

Drew Elesh
Drew Elesh answered on Apr 12, 2020

First you should have an experienced and competent attorney to improve your probability of success in the asylum process.

Attorneys understand what evidence and arguments work and statements and testimony that is harmful to a grant of asylum.

As for an arrest or conviction you may...
Read more »

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1 Answer | Asked in Public Benefits and Immigration Law for Illinois on
Q: U.S. Citizen receiving food stamp and medicaid. How does that affect AOS for her husband?

I am student here in the US. I will be getting married to my Girlfriend in a month. She is a US citizen and receives food stamp and medicaid. How does that affect my AOS based on new public charge rule. I have never taken any public benefits nor I am a beneficiary in any of public benefits.... Read more »

Drew Elesh
Drew Elesh answered on Feb 29, 2020

Under the new public charge form you will have to disclose those public benefits . It is one of many factors .

1 Answer | Asked in Immigration Law for Illinois on
Q: I came to the United States 30 years ago on a work visa but I didn’t complete the program

How can go about returning to Jamaica

Drew Elesh
Drew Elesh answered on Feb 15, 2020

You can return to Jamaica at any time. You will be subject to a 10 year bar if you overstated your visa for more than 12 months. That is an automatic bar which is imposed when you depart the United States.

So you could reapply for either an immigrant visa or non immigrant visa at any time...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Are there exceptions to the rule that children of parents with a H1 visa would age out at age 21, if child is disabled?

The parents have H1 visas, the child has a H4 visa. The child is diagnosed with an intellectual disability.

Drew Elesh
Drew Elesh answered on Jan 30, 2020

The child can change from H-4 to another visa category. There are other nonimmigrant visas such

as F-1. The child could also pursue lawful permanent residency independent of the parents' H1-B.

Essentially the child will not keep the H-4 status upon his/her twenty first birthday...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to know the process of obtaining green card for my mom who has been living in the U.S for most of her life

I would like to obtain a green card for my mom who is currently living in the US. I am 25 and married. My mother has been in the US for more than a little more than 26 years. I would like to know the process and the possibilities of getting her a green card.

Drew Elesh
Drew Elesh answered on Jan 24, 2020

Your mother may have entered the USA without inspection (ewi). If she did she will need a waiver.

To get the waiver approved she would need a qualifying relative such as USC spouse or LPR spouse or

Lawful permanent resident (LPR)/ U.S. citizen parent. So you would not be the...
Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Laid off on H1B, found multiple offers in 60 day grace period.

Hi,

I got laid off from employer A with last day being Nov 12.

I recently got an offer from a small consulting firm (Company B) that has filed my H1B transfer in regular processing and has asked me to join the client on 12/23. Today I got a full time offer from company C that MIGHT... Read more »

Drew Elesh
Drew Elesh answered on Dec 19, 2019

Company C can independently file for you for H1-B within the 60 days. That is not related to Company B.

It is certainly possible C is approved prior to B or that B is not approved .So you can have multiple petitions simultaneously .

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