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Questions Answered by Jennifer Ibanez Whitlock
1 Answer | Asked in Immigration Law for Missouri on
Q: My fiances mother ia a permanent resident if she pettitions for her son who js hwre but his priority expired

Will he have to leave the us to get his green card?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jun 2, 2017

The answer to your question depends on whether her son is a minor or over 21. It also depends on whether her son is married or single. You might look into whether your fiance's mother is eligible for citizenship in order to help her son.

2 Answers | Asked in Immigration Law for Missouri on
Q: A friend got a DUI - he is here on a student visa, will it get revoked?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on May 17, 2017

The short answer is: potentially yes. You can read more about this issue here:https://fam.state.gov/fam/09FAM/09FAM040311.html

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1 Answer | Asked in Immigration Law for Missouri on
Q: How do you calculate the start of your permanent residency?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jan 26, 2017

From the date of your admission as a permanent resident (usually the date your green card is issued).

2 Answers | Asked in Immigration Law for Illinois on
Q: Immigration question

Hello,

My uncle has an I-130 approved based on his USC sister. It was approved in 1998. However he also has a Voluntary Departure dated December 27, 2001. He did not leave the country. Is there anything that can be done for him? Does he have to leave the country? Can he just apply for... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jan 24, 2017

The failure to leave on Voluntary Departure probably converted to a Removal order (deportation order). Talk to an attorney before filing any application for adjustment of status. If there is a removal order, U.S. Citizenship & Immigration Services will not be able to approve the case and he... Read more »

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2 Answers | Asked in Immigration Law for Illinois on
Q: I lost contact with my biological father who was a US citizen when he petitioned me.

Can I still apply for certificate of citizenship?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jan 12, 2017

Most citizenship laws involve analyzing information you have not provided such as your date of birth, how your father became a citizen etc. I recommend sharing this private information in a personal consultation. Good luck!

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1 Answer | Asked in Immigration Law for Illinois on
Q: My grandmother who is a Indian passport holder had a greencard that expired while she returned back to India.

Her greencard was taken away in India. I sponsored her once again as she arrived on visitor visa for 6 months (Nov 2016). To obtain her greencard once again, do I reapply from the original greencard that is no longer with us or do I reapply for a new greencard by the starting process again? My... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jan 7, 2017

There is no provision to sponsor grandparents for green cards. Only U.S. adult children may sponsor their parents for permanent residency (green cards).

1 Answer | Asked in Immigration Law for Missouri on
Q: Can my fiance travel to the US on a tourist visa while we apply for a K1 visa?

I traveled to meet my fiance in India and now he would like to come on a tourist visa to meet my parents before coming back on a K1 visa (two separate trips, separated by a few months). Will applying for a tourist visa impact his eligibility for a K1 visa or vice versa? Should we wait to apply for... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jan 2, 2017

As long as your fiancé intends to return to India after coming on the tourist visa, they should be able to pursue the K-1 later. However, he may be denied a tourist visa since it seems he intends to immigrate to the US in order to be with you permanently. Talk to a lawyer to know the rules around... Read more »

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Q: I&my kid are F2 dep under my husband (F1).Now, I want to marry a GC holder. How can it be done without losing status

How can it be done for us(my child and me) without losing my status?

Yes , I do know we must divorce first of all. The marriage took place in my home country. Let's says I somehow divorce from my husband. However, as soon as we divorce, will I automatically fall out of status so that... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Jan 1, 2017

You are going to need to act very carefully to preserve your status. For example, changing to your own F-1 requires that you be in lawful non-immigrant status. If the divorce is finalized before you are granted an F-1, then your change of status may be denied. Consult with an attorney.

1 Answer | Asked in Immigration Law for Illinois on
Q: What to do if my boyfriend is permanent resident and we plan on getting married, but I have a J1 visa?

I'm exchange visitor, in my DS-2019 the consul officer didn't mark area where to show if you’re subject or not, but my J entry visa says "Bearer is not subject to section 212 (E), two year rule does not apply. I want to end my program earlier. I can end my program as au pair when I... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Dec 15, 2016

If your boyfriend is a legal permanent resident, you risk being out of status if you end your program early and remain in the US.

1 Answer | Asked in Immigration Law for Missouri on
Q: which form goes first to fill out and send Form I-601A or I-130?

which form goes first to fill out and send

Form I-601A or I-130?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Dec 7, 2016

You must have an approved Form I-130 (or an immigrant visa available to you) in order to file Form I-601A. Therefore, it is usually the I-130. Make sure you are eligible to file Form I-601A though.

1 Answer | Asked in Immigration Law for Illinois on
Q: I'm thinking of marrying a woman fr Beijing on her student visa with her son. would he be eligible for a green card?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Dec 6, 2016

It will depend on his age whether he can get a green card here in the U.S. at the same time as mother or have to wait.

1 Answer | Asked in Immigration Law for Missouri on
Q: How long is a green card valid?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Dec 3, 2016

It depends. They are valid for either 2 years or 10 years. The 2 year cards are for conditional residents. You can read more about that here: http://www.bgimmigration.com/2016/03/18/how-to-renew-conditional-residency-card/

1 Answer | Asked in Immigration Law for Illinois on
Q: Hi I got a call from Chicago immigration that my husband is being deported, what are my options. How can I contact him ?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Nov 25, 2016

I'm sorry to hear about your husband's arrest. You should be able to find where he is detained by using this online locator: https://locator.ice.gov/odls/homePage.do Otherwise, contact the Chicago ICE office. You can find their number here: https://www.ice.gov/contact/ero

1 Answer | Asked in Immigration Law for Illinois on
Q: Im USA citizen. Want to go get married mexico.

My fianse used to live in chicago he left to Mexico without being deported. Can i get married and bring him with I-130. No criminal record.

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Nov 17, 2016

It depends on how long your fiance lived in Chicago before he left to Mexico and what his status was during that time. I can explain whether or not your filing for an I-130 will work before you spend money on filing fees in a consultation. Good luck!

1 Answer | Asked in Immigration Law for Illinois on
Q: I am getting married to US citizen and I do have 2 underage children. Do they need separate I-130?f

So, Besides whole package which will be filled in for me (I-485, I-130, I-765 and I-693 medical). I got answer they need separate I-130 for each. Do they need any additional applications?

Thank you.

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Nov 16, 2016

Yes because they are considered immediate relatives.

1 Answer | Asked in Immigration Law for Illinois on
Q: Is my fiance able to travel to the US before we get married and how long could she stay?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Oct 19, 2016

It depends on the type of visa she uses to visit. Generally, a visitor visa can permit entry up to 6 months unless it is a visa waiver entry. Then she can only stay up to 90 days. However, if you are planning to get married, she may not be eligible to enter on a temporary visa.

2 Answers | Asked in Immigration Law for Missouri on
Q: i am a permanent resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them,

i am a pernament resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them, can i do it with my conditional resident? My husband cant since he is away and by the time he comes their visa will expire. can i petition them under my conditional status?

do i... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Oct 17, 2016

Their B1/B2 visas will likely expire before they will be eligible to receive their green cards in the U.S. through you.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Can I (22 y/o) apply for the 'Sons and daughters' green card

My grandfather (65 y/o) is a legal citizen of the US, who recently got into an accident and now needs permanent care. My father (42 y/o), who is a citizen of Lithuania, plans to apply for the 'Sons and daughters' permanent green card. If he is approved, he will have to live in the states... Read more »

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Oct 11, 2016

If your father becomes a lawful permanent resident and you are unmarried, he can petition for you to recurve a green card. There is a wait, though.

1 Answer | Asked in Immigration Law for Missouri on
Q: i became a legal resident month ago thru marriage - now i have my daughters here they are under 21 with tourist visa.ho

how do i include my daughters to the case to make them permanent resident. ? what forms i need to file?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Oct 6, 2016

You can file an I-130 immediate relative petition for them or if they are eligible, your U.S. citizen spouse can file an I-130 immediate relative petition. However, if you do it, they must remain here legally the whole time the case is pending (which could be about 2 years). Please consider... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: I want to marry my US citizen girlfriend and apply for US Citizenship but she has some felony convictions.

Will this impact my ability to get my citizenship?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock answered on Oct 5, 2016

They likely do not make her ineligible to apply for you unless they relate a minor. However, that does not mean they cannot have an impact on your case.

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