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Illinois Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Illinois on
Q: I was arrested by ICE in 2020, released on bond and been waiting over 4 years to have a court hearing

I've been living in the U.S. for more than 23 years. I came here legally on a visitor visa, but I ended up overstaying it. I have five children who are U.S. citizens. Originally from the Gaza Strip, In 2020 when my girlfriend reported me to ICE. I was arrested, Judge released me on bond.... View More

James L. Arrasmith
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answered on Jan 30, 2025

Waiting for a court hearing for over four years can be frustrating, especially when you have lived in the U.S. for more than two decades and have U.S. citizen children. Since you were released on bond, your case is still active, and the delay might be due to the backlog in immigration courts.... View More

2 Answers | Asked in Immigration Law and Tax Law for Illinois on
Q: F1 Student Married to US Citizen – Filing Taxes Jointly or Separately?

I'm an international student on an F1 visa, and I married a US citizen last year. I only have a graduate fellowship that covers tuition and provides a monthly stipend. My husband is employed. I have not applied for a green card yet. Should we file taxes jointly or separately?

Agnes Jury
Agnes Jury
answered on Jan 16, 2025

There are some circumstances that allow a married person to file taxes as Head of Household (HOH) but from an immigration perspective it is best to file taxes as "married". Similarly, filing taxes as Married Filing Separately (MFS) can sometimes be beneficial or necessary for tax... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: A friend just learned 24 years ago he was deported/in absentia order, but never got the letter to appear. Can he reopen?

Request for asylum was denied.

James L. Arrasmith
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answered on Jan 7, 2025

Your friend may have options to reopen his case through a "Motion to Reopen" based on lack of notice, which could potentially overcome the time limitations typically associated with in absentia removal orders.

The success of reopening would largely depend on proving he never...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply to Citizenship if I told my first divorce judge a lie? My wife abandoned me. She took children with her.

During my first marriage, I lived with my wife and 2 children. I am a geologist so when I was out of town, which was frequently, my wife had affairs and at least one abortion that I know of as a result of those affairs. This happened in Mexico.

When we arrived in the US, she told me that... View More

Caridad Pastor
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Caridad Pastor
answered on Jan 1, 2025

Thank you for your question. I’m not clear about the lie you told the Divorce Judge. That’s crucial to see if it would affect t your citizenship. The other is when the lie occurred. The lie must be somehow relevant to your immigrant status and it must be material. Also sometimes USCIS uses... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi ive been elgible for naturalization for a long time 15+yrs

I was arrested when i was 18 (32 now) for a marijuana pipe in a car of 5 others who would not attest to it being one of theirs and i as the driver was held as the responsible party. However the case was nolle proseqi before i ever had to attend court. Will i have issues applying for naturalization.

James L. Arrasmith
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answered on Dec 29, 2024

Your past arrest for a marijuana-related incident where the case was nolle prosequi generally means that the charges were not pursued further. This outcome is often viewed more favorably during the naturalization process compared to a conviction. Since the case did not proceed to court, it may have... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: I RECIVED I-797C 2YEARS AGO BUT I DONT ANY LETTER FROM NVC WHAT I HAVE TO DO?

I HAD PETTITION JUNE 2022

James L. Arrasmith
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answered on Dec 26, 2024

If you received your I-797C Notice of Action in June 2022 and haven't received any communication from the National Visa Center (NVC), you should take action to check your case status.

First, verify that USCIS has approved your petition by checking your case status online using the...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Can I travel to Puerto Rico with an expired F1 visa and a valid i-20?

My F1 visa expired and I haven't had the chance to renew it yet, but my i-20 is valid for the duration of my study (which is 2 more years). I also have a US ID. I want to travel to PR for a conference in January, but I’m worried about possible complications.

James L. Arrasmith
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answered on Dec 23, 2024

Since Puerto Rico is a U.S. territory, you can travel there with your valid I-20 and U.S. ID without needing a valid F1 visa. The expired F1 visa only becomes relevant when entering the U.S. from abroad - Puerto Rico is considered domestic travel, similar to flying between states.

However,...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply for a green card and 2-year home requirement waiver at the same time without legal consequences?

If I apply for both the green card and the 2-year home residency requirement waiver (J1 visa) at the same time, would there be any legal consequences or complications? Additionally, for the waiver, could I apply based on both a non-objection statement and extreme hardship at the same time, or is it... View More

Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti
answered on Dec 5, 2024

Technically, you can apply for both together. However, it is highly likely that USCIS will issue a Request for Evidence (RFE) regarding the fulfillment of the two-year residency requirement. In response to this RFE, you will need to provide evidence to demonstrate compliance with or an exemption... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Can GC holder remain outside the U.S. for more than one year if I-131 reentry is filed but hasn't been approved?

My father received a green card through my sponsorship. He arrived in the U.S. but had to return to his home country for over a year to wrap up some important matters. He applied for an I-131 travel/re-entry permit in January 2024, provided his fingerprints, and left the U.S. in mid-February 2024.... View More

James L. Arrasmith
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answered on Dec 1, 2024

Your father should return to the U.S. before reaching the one-year mark abroad, even with a pending I-131 application. Staying outside the country for more than one year without an approved re-entry permit could result in USCIS considering the green card abandoned, regardless of the pending... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to do door dash with my visa status, i have i-485 processing with pending EAD, am i allowed to do the dash

I didn’t get my EAD yet but have approved I-140.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 28, 2024

Your EAD must be approved before you can do Door Dash

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1 Answer | Asked in Immigration Law for Illinois on
Q: My brother have green card 10 years but expired on 11/12/23 ? He can boarding the plane ?

My brother have green card 10 years but expired on 11/12/23 ? He can boarding the plane ? Now he live in Thai about 5 years how he can comeback to USA thank you

James L. Arrasmith
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answered on Oct 21, 2024

Your brother will likely face challenges boarding a plane to the USA with an expired green card. Airlines typically require a valid green card or visa to allow boarding, so he may be denied boarding without a current document.

Since he has been living in Thailand for about five years, his...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Cuando USCIS deniega el asilo, ¿tiene obligación de de devolver el pasaporte con la notificación?
Caridad Pastor
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Caridad Pastor
answered on Oct 16, 2024

La mayoría de las veces, USCIS pasa la aplicación de asilo a la corte de inmigración y en ese caso no tienen obligación de devolver su pasaporte porque usted sigue en el proceso de asilo.

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1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: Will I have to enter into the lottery again? What will the process be like for me next time?

I was picked and got an H1b visa stamp last year. However, I did not get into the company that hired me because the employer wanted me to work more hours than regular and have fewer holidays than it should be according to the work law in the U.S. of not abusing foreign employees. Now, I am... View More

James L. Arrasmith
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answered on Oct 9, 2024

Since you were previously selected in the H1B lottery and obtained a visa stamp, you may not need to enter the lottery again if you apply within six years of your initial selection. This allows you to transfer your H1B to a new employer without going through the lottery process again.

If...
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2 Answers | Asked in Immigration Law for Illinois on
Q: F1 to H4 Change of Status

I am currently on my F1 STEM OPT visa and planning to apply for H4 COS with a future start date.

After I get my H 4 approval can I travel outside the country and come back on F1 status before my H4 start date?

Since I will be entering back as an F1 student , Would it cause any... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 1, 2024

If you exit the US, the COS to H4 will be abandoned. If you enter back on F1 visa, your status will be F1 and will need to submit another COS to H4. What you can do if you exit is apply for an H4 visa stamp

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1 Answer | Asked in Immigration Law for Illinois on
Q: Can't leave my country

I cannot claim asylum because my parents are watching over me, I am threatened by the government and my mother by saying If I go back to the airport, I will be in a psychiatric hospital despite I don't have a mental illness which the police don't believe because she has official... View More

James L. Arrasmith
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answered on Sep 29, 2024

It sounds like you're in a difficult and dangerous situation, and your safety is important. While contacting another government to deport you might not be a typical solution, there could be options through foreign embassies or consulates in your country. They may provide assistance if you fear... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: Do you know if it is possible to change your visa?

I am currently an au pair since August my sponsor is cultural care. With my D-1 visa I can only work as an au pair. Only I have one of the contract offers with model agencies. In order for me to sign with them I need an O-1 visa.

Do you know if it is possible to change your visa?... View More

James L. Arrasmith
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answered on Sep 29, 2024

It is possible to change your visa status, but the process can be complex. Since you are currently on a J-1 visa for au pair work, switching to an O-1 visa would require meeting the qualifications for that category. The O-1 visa is for individuals with extraordinary ability in their field, and the... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: immigrant visa 4 my mom stuck at NVC (approved,not sent to embassy 4 interview) what is needed to expedite on finances

The immigrant visa for my mom stuck at NVC (approved, but not sent to embassy 4 interview) what is needed to expedite it based on financial support?

James L. Arrasmith
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answered on Sep 25, 2024

If your mom's immigrant visa case is stuck at the NVC, you can request an expedite based on financial hardship. To do this, you will need to demonstrate that the delay is causing severe financial difficulties either for your mother or for you as her sponsor. For example, if your mom's... View More

1 Answer | Asked in Business Formation, Business Law, Tax Law and Immigration Law for Illinois on
Q: Can I start an online business which is related to my study major while on F1 OPT?

I am on my F1 OPT and working full time. I have completed my Masters in Packaging Engineering. Is it possible for me to open up an Etsy/Amazon/Ebay shop that specifically sells packaging for small/home business products? My ultimate goal is to make it a physical business with physical address which... View More

James L. Arrasmith
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answered on Sep 6, 2024

Starting an online business while on F1 OPT is possible, but there are some important factors to consider. OPT regulations require that any work you do be directly related to your field of study. Since you studied Packaging Engineering, you should ensure that the business you start aligns with that... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: can I obtain a CDL license on E-2 visa as investor in Illinois

I have a trucking company in the US I obtained an E-2 visa but I want to obtain a CDL in case I need to move some of my trucks

James L. Arrasmith
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answered on Aug 30, 2024

Yes, you can obtain a Commercial Driver’s License (CDL) in Illinois while on an E-2 visa. The E-2 visa allows you to live and work in the U.S. as an investor, and there are generally no restrictions on obtaining a driver’s license, including a CDL. However, you must meet the same requirements... View More

3 Answers | Asked in Immigration Law for Illinois on
Q: Do I have to mention about my speeding ticket (that has been cleared from record) on my oath ceremony form?

Due to change of address my oath ceremony got rescheduled after 15 months.

During this time I had my first speeding ticket ever that I presented in court for and judge cleared it for me after paying my fine.

On oath ceremony day I have to fill a form that I’ve been provided,... View More

Caridad Pastor
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Caridad Pastor
answered on Sep 17, 2024

You should be honest and answer yes

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