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Questions Answered by Jennifer Ibanez Whitlock
1 Answer | Asked in Immigration Law for Illinois on
Q: My aunt was married to a US Citizen and had a green card.

Right after she decided to apply for citizenship her husband asked for a divorce - will there be a problem for her?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Sep 14, 2016

Depends. If she is applying based on having the green card for 3 years and being married to a US citizen, then yes.

1 Answer | Asked in Immigration Law for Illinois on
Q: My brother and niece came to the US on an immigrant Visa on June 6th. Immediately after there was a death in the family

His son passed away of leukemia. He went back to India on June 9th. Meanwhile I have received both his Green Card and Social Security Card which I have sent it back to him. He is so depressed that he don't want to leave his family back home for some time. Can he be allowed to stay away from... View More

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Sep 14, 2016

I'm very sorry for your family's loss. As a permanent resident, your uncle may request permission to be outside of the U.S. for up to two years at a time. Your uncle should get assistance with filing such a request so that he does not lose his permanent residence. This request will... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: Ithaca, NY asylum center

Dears Sir/Madam,

I have one question which is about the Ithaca, NY asylum center. Which asylum center Ithaca,NY belongs? Is it Newark or New York?

Regards,

Dana

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Sep 13, 2016

Hi Dana. You can enter your zip code here to find your answer: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY

1 Answer | Asked in Immigration Law and Divorce for Illinois on
Q: Permanent resident since 2004 after I married my husband. We got divorce in 2014. What form to I file and what code?

My card expires in 8 months and i need to file I 90 but I am not sure what status under this is going.

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Sep 8, 2016

As long as you have a 10 year green card (as opposed to a 2 year green card), you should be able to file as a Lawful Permanent Resident whose card will expire within 6 months. Be sure you do not file too early.

1 Answer | Asked in Immigration Law for Illinois on
Q: I am under F1 visa and married to a US citizen. Can I travel abroad before filing any lawful permanent resident process?

I plan on traveling to the Caribbeans for our honeymoon right after the wedding. Will I be having trouble reentering the US under my valid F1 visa?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Aug 29, 2016

Yes. You may be seen as having immigrant intent and not eligible to return on your F-1.

1 Answer | Asked in Immigration Law for Illinois on
Q: How can a F1 holder extend/change their status? She just had a baby w/serious medical conditions and can't go back.

She is currently in the OPT period which will expire soon, but doctors said the baby can't go back to her home country yet until the baby receives all the medical treatment.

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Aug 28, 2016

It's likely that this person needs to seek a different status as it will not be possible to extend the F-1 based on the child's medical needs.

2 Answers | Asked in Immigration Law for Illinois on
Q: I entered the US several years ago. How do I go about finding proof of entry?
Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Aug 24, 2016

It depends on how you entered. One way to start is to file a freedom of information act request with the appropriate agency.

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1 Answer | Asked in Immigration Law for Illinois on
Q: What if I get a job offer in another country? Is there any way my immigrant husband can accompany me abroad?

My husband is a Ukrainian National, and I'm an American Citizen. We live in Chicago. We recently filed his I-130, I-485, I-131, and I-765 and are waiting for them to be processed/approved. Meanwhile, I work in hospitality, and have received a potential offer to work temporarily in the EU. Is... View More

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

There are ways to make this work. For example, once your husband gets his "green card" he could request permission to be outside the U.S. for up to 2 years. There is also a law that allows for expedited naturalization for your husband if your job qualifies. I recommend talking to an... View More

2 Answers | Asked in Immigration Law for Missouri on
Q: I have two children with an undocumented Mexican. He desperately wants to become a citizen, If he leaves the country we

would be left unable to pay the bills as he is our primary source of income. what can we do?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Aug 14, 2016

Depending on your immigration status and your husband's immigration history, you may be able to apply for him to receive a "green card" by applying for a provisional waiver. A green card can lead to US citizenship.

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1 Answer | Asked in Immigration Law for Illinois on
Q: I'm getting married to my wife in a few months, but she came here illegally six years ago.

Does she have to worry about anything once we're married?

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Aug 9, 2016

Probably yes. If she did not enter through the airport or a border entry point, she cannot easily get a green card through you (even if you are a U.S. citizen). Consider talking to an immigration attorney before you file and bring her to the attention of the immigration authorities.

1 Answer | Asked in Immigration Law for Illinois on
Q: Hello, I am a Mexican citizen with DACA, do I need a transit visa to leave the country and go to Spain?

i have a visa from Spain already.

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Aug 8, 2016

You will need to apply for Advance Parole in order to depart and return to the US. Be careful about international travel.

1 Answer | Asked in Immigration Law for Illinois on
Q: Will a recently expired I-20 keep an I-130 and I-485 from being processed?

I am a U.S citizen petitioning for my wife. Her student I-20 expires on the 10th of Aug and we sent in our AOS forms just last week. We live in IL so USCIS has received the forms but hasn't sent a receipt. Will she need to leave the U.S or would it be better to stay until the packet is... View More

Jennifer Ibanez Whitlock
Jennifer Ibanez Whitlock
answered on Jul 29, 2016

If USCIS has cashed your filing fee checks, the applications are considered pending. Unless you have also applied for advance parole, do not let your wife depart the US as she will be considered to have abandoned her applications.

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