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Questions Answered by Lindsay G Gray

2 Answers | Asked in Immigration Law and Lemon Law for Illinois on

Q: How a K1 non-immigrant (married & visa expired) obtain a drivers licence with no help from the SoS or Attorney General?

K1 visa is good for 90 days to come into the USA, marry and apply for AOS. An out of state licence is good for 30 days in Illinois, then an state licence must be obtained, but as my visa was only valid for 90 days (expired Jan/16), I am not eligible for a drivers licence (must have a valid 6 month... Read more »

Lindsay G Gray answered on Jun 10, 2016

You can apply for employment authorization while your adjustment is pending, and then you can get an SSN with the EAD card. It is my understanding that the state of Illinois will use your EAD and SSN as proof they can issue you a license.

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1 Answer | Asked in Immigration Law for Illinois on

Q: I've had court orders with immigration that I never showed up to. I want to know if it's still possible to get a TVDL.

Lindsay G Gray answered on Jun 3, 2016

It may still be possible, but there are risks involved. Have you ever spoken to a lawyer about filing a motion to reopen your immigration case, or to see if you qualify for deferred action?

1 Answer | Asked in Immigration Law for Illinois on

Q: Can my sister apply to petition me and an employer apply for my H1b? I'm on a student visa.

If I let my sister apply to petition me, can I apply for an H1b visa if I found an employer to sponsor me? I'm on F1. Or are we allowed to apply through one of them only? I have an MBA in Finance with distinctions, BSc in Finance, CAMS, CFE, doing an Msc in Computer Science and I have 5 years of... Read more »

Lindsay G Gray answered on Jun 3, 2016

Your sister can only petition for you if she is your employer. It is required that the employer sponsor you. Your sister can file a family-based petition on your behalf, but beware that the wait time is many many years and could evidence immigrant intent, which could potentially mess up your F-1... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on

Q: I hold F-1 visa, and my mom (Indonesian) wants to have me as a shareholder in a planned US-based LLC. Is this allowed?

My mom is thinking of opening a US-based store, which shipping would be done through Amazon. In order to establish what she mentioned as LLC, she needs somebody who owns a SSN to be one of the shareholders. I have a SSN due to the multiple past on-campus jobs I had. I know that if this will be... Read more »

Lindsay G Gray answered on Jun 3, 2016

You can invest, but you cannot work on an F-1. If you are planning to invest a substantial amount, I would take to an immigration lawyer about the possibility of an E-2 (non-immigrant i.e. temporary) or EB-5 (permanent i.e. pathway to green card) that are specifically for investors. Good luck!

2 Answers | Asked in Immigration Law for Illinois on

Q: I need some clarification on the best route to take regarding us immigration for a none US citizen (marriage/fiance)

I am a UK citizen on a tourist visa in the USA visiting my partner, he is a legal us citizen.

We wish to get married and I want to stay here with him in the US (or spend as little time apart as possible)

I don't know the best route. I've read about K1 and CR1 but I worry about... Read more »

Lindsay G Gray answered on Jun 3, 2016

How very exciting! Generally, it is completely fine for someone to marry and adjust their status here in the United States on a tourist visa. The issue you could potentially deal with is fraud/misrepresentation. You could be accused of this if your intent when you entered on your tourist visa or... Read more »

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2 Answers | Asked in Immigration Law for Missouri on

Q: Can my husband travel in the US with an expired visa?

My husband entered the US on a K1 visa. We got married before the 90 day deadline and have recently filed for a change of status/green card. While we are waiting on the COS can he travel within the US on a expired visa?

Lindsay G Gray answered on Jun 3, 2016

Yes. When you filed for the adjustment of status, did you happen to apply for work authorization or a travel document? If so, he will should get an ID card 3-4 months after you file. Then he can get a social security card and driver's license. If he applied for a travel document (called advance... Read more »

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1 Answer | Asked in Immigration Law for Missouri on

Q: My TN visa expiration date is this month, on the annotation and the stamp there's a different date, which one is right?

I haven't heard anything from my employer, do I need to do anything or the stamp and annotation date (in 3 years) is the right one?

Lindsay G Gray answered on May 22, 2016

It should be the date listed on your I-94. If you're unsure of that date, you can look up your I-94 records online here: https://i94.cbp.dhs.gov/I94/request.html. Hope that helps!

1 Answer | Asked in Immigration Law for Missouri on

Q: How do I keep my fiance in US if his visa is expired

My fiance whom is still legally married in the us but in the process of divorce came to the us legally on a visa in 2004 it expired & he is still in the US. How can we go about keeping him in the US? He also has children here

Lindsay G Gray answered on May 13, 2016

If you are a United States citizen, once you are married you may be able to apply for his residency. He may be able to complete that whole process in the United States if he is still here at that time and does not have any grounds of inadmissibility other than the unlawful presence. If his... Read more »

1 Answer | Asked in Immigration Law for Missouri on

Q: I want to marry my girlfriend and move to the US with her, but I don't want to violate my tourist visa.

My girlfriend lives in Missouri - Poplar Bluff. I'm from Denmark.

We've known each other for years and despite having only met in person once in those years, we've ended up in a relationship that reached it's height when I came to the USA on a Visa Waiver.

We've decided that we... Read more »

Lindsay G Gray answered on May 6, 2016

You have several options, but those are best discussed in a consultation with an immigration attorney and not on a public forum. If you intended to depart when you entered on your tourist visa, you did not commit fraud or misrepresentation even if you change your mind. I am in St. Louis if you'd... Read more »

1 Answer | Asked in Immigration Law for Missouri on

Q: Hi my husband it's from Mexico and undocumented he was on probation and failed a drug test and had new criminal

charges brought against him he was recently found not guilty of the new criminal charges. The failed test result couldn't be used in criminal court, can they be used in immigration court?

Lindsay G Gray answered on May 6, 2016

Whether the drug test can be used in immigration court depends on the purpose that the prosecution wants to use it and if there are any issues relating to the reliability of the test. Is your husband currently in immigration proceedings? I would consult an immigration lawyer as soon as you can to... Read more »

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