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Illinois Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law, Business Formation and Business Law for Illinois on
Q: I am in h1b and my Wife is on h4 ead , we would like to start a business. I would like to know if we can establish a LLC

Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.

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

Good day. My husband and I flew to the USA on 12/01/2022 by u4u, the children arrived on 07/07/2023 also by u4u, can we submit the I-485 form to receive a Green Card or apply for the lottery on the official website? Thank you.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2023

The U4U humanitarian program announced by the USCIS is a temporary response by the current Administration to address a humanitarian crisis in Europe. However, that program does not have any statutory remit to seek adjustment of status to permanent residence in the United States absent of necessary... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: I was denied DACA because of a DUI conviction in the state of Illinois. What are my options now?

What can I do to get a work authorization card or adjustment of status?

T. Augustus Claus
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answered on Sep 26, 2023

If you were denied DACA (Deferred Action for Childhood Arrivals) due to a DUI conviction in Illinois, your options may be limited. DUI convictions are generally considered significant misdemeanors under DACA guidelines, which could disqualify you. You might consider seeking a post-conviction relief... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I enter US on ESTA 30 days before my student visa? And if so would there be any complications leaving and re-enterin

Hi, I start University in Chicago In January. I'm currently a Sweden resident and have a ESTA visa waiver. I want to travel to the US 30 days before my student visa date. AND I want to visit the US for about 3 months before my student visa. So if I were to do this I've heard I would have... View More

James L. Arrasmith
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answered on Sep 24, 2023

You can enter the US on the ESTA Visa Waiver Program before the start date of your F-1 student visa. However, if you plan to exit and re-enter the US on your F-1 visa, border officers will assess your intent upon re-entry; rapidly re-entering could raise suspicions about your intentions. While... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Will I be able to get my student visa while in the US?

Hello, I've recently been accepted into a university in Chicago for the spring of 2024. The thing is I haven't received my I-20 form yet so I can't start my student visa application just yet. I should have it by the end of the week hopefully. But I'm planning on visiting my... View More

James L. Arrasmith
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answered on Sep 21, 2023

It's generally not advisable to enter the US on a tourist visa or visa waiver with the intent to change your status to a student visa while in the US. It's best to apply for your student visa through the US Embassy or Consulate in Sweden as per the standard process. Attempting to change... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Illinois on
Q: Can an undocumented person get deported for accidental theft of a small $300 item at Walmart self checkout?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.

An accidental taking of property--for...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Does a J-2 visa holder have to abandon its study program at the start of the 30 days grace period?

If a J-1 visa falls of status due to shortening of the program, and its J-2 dependents are already enrolled in a public school (say kindergarten), would they still be allowed to attend during the 30 days grace period given to leave the country?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 22, 2023

J-2 dependents can no longer study during the 30-day grace period. They may remain in the U.S., but must exit before the grace period ends.

1 Answer | Asked in Immigration Law for Illinois on
Q: TN Visa and 1099?

As a Canadian citizen, am I allowed to establish an LLC in the US and get paid via 1099 instead of W-2? I would be in contract with a US-based sponsor for my TN visa of course. Based on what I read, I cannot sponsor myself using an LLC that I establish in the US, but I would not be doing that.

Kevin L Dixler
Kevin L Dixler
answered on Aug 13, 2023

If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.

Creating a company can cause confusion as to whether you are engaged in employment...
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2 Answers | Asked in Immigration Law for Illinois on
Q: If the IJ closed the case in absentia (no NTA) and I file an appeal with BIA, is it a granted auto-stay of removal?

If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 9, 2023

If the respondent did not attend the hearing, then most likely the judge ordered the respondent removed in absentia. If the respondent qualifies for a motion to reopen based on lack of notice, there would be an automatic stay when the motion to reopen is filed with the immigration court. However,... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, What happens if I said I was never arrested during an interview with uscis for adjustment of status?

If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 1, 2023

If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.

It seems like the adjudicator was giving you a chance. Your...
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1 Answer | Asked in Immigration Law for Illinois on
Q: can i fast track case processing time or demand for updates from uscis on the I-130 application for my parents
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 16, 2023

The general policy is that you cannot expedite case processing for family law immigration cases unless 1. there is a medical emergency or 2. an imminent financial injury that would justify fast tracking.

1 Answer | Asked in Immigration Law for Illinois on
Q: What should be the response to: Was the beneficiary ever in immigration proceeding? on I-130 application for my brother.

I am filing I-130 for my brother. He was denied entry to US after getting B1/B2 visa with his family a month ago at ORD airport and were made returned to their birth country on the same day. Immigration officers at the airport said you do not have enough finance to stay in the US and your returning... View More

Stephanie Chantelle Coste
Stephanie Chantelle Coste
answered on Jun 20, 2023

Immigration proceedings means that the person received a notice to appear before an Immigration Judge at Immigration Court (or EOIR aka Executive Office for Immigration Review). The denial of your brother's tourist visa does not appear to have placed him in immigration proceedings as he never... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: Green card pending

Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... View More

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You can ask for assistance from your congressional representative, there is usually a tab on the congressional rep’s website for help with a federal agency. You can locate who to contact on this website: https://www.house.gov/representatives/find-your-representative

As you have not yet...
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2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Im an Italian citizen, want to marry Illinois prisoner.

I would travel to Centralia as a tourist for a few days, and I absolutely don’t want to apply for a Green Card after the wedding, since I still want to live in my Country.

Can you tell me what do we need to know and to do in order to make this happen?

James L. Arrasmith
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answered on May 16, 2023

To marry an Illinois prisoner as an Italian citizen, there are several steps and considerations to keep in mind. Here's an overview of the process:

Research marriage laws: Familiarize yourself with the marriage laws in Illinois, as they may have specific requirements or restrictions...
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3 Answers | Asked in Immigration Law and Adoption for Illinois on
Q: Need help with for I 135 petition for my daughter?

I am a resident since 2007 and want to help my family (daughter ) from CHILE.

James L. Arrasmith
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answered on May 16, 2023

To petition for your daughter through Form I-130, you can follow these general steps:

Determine eligibility: As a lawful permanent resident (green card holder), you can file an I-130 petition for your unmarried child over the age of 21. Make sure your daughter meets the eligibility...
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2 Answers | Asked in Immigration Law for Illinois on
Q: USPS delivered my I-485 on April 3, 2023 and since than i have yet to receive any receipt nor has USCIS cash my check??

USPS delivered my I-485 on April 3, 2023 to elgin lockbox and since than i have yet to receive any receipt nor has USCIS cash my check?? I am here on K1 visa, got married and applied. My I 94 expires May 20, 2023 and want to make sure if we do not receive anything from USCIS this would cause a... View More

James L. Arrasmith
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answered on May 16, 2023

I understand your concern about not receiving any receipt or confirmation from USCIS regarding your I-485 application. It's important to ensure that your application has been properly received and processed within the expected timeframe. Here are some steps you can take:

Track your...
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4 Answers | Asked in Immigration Law for Illinois on
Q: If I wanted to bring my wife to the U.S. from Sweden. Could she stay in the U.S. while her green card is processing?

I am a U.S. citizen and my wife is a Swedish citizen. We are both in Sweden currently but I’m heading back to the U.S. soon so I would like to bring her with. We have a child together and our child is a US citizen as well

James L. Arrasmith
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answered on Apr 29, 2023

If you are a US citizen and you want to bring your Swedish wife to the US, you can apply for a marriage-based green card for her. While her green card application is being processed, your wife may be able to stay in the US on a K-3 visa or a CR-1/IR-1 visa.

A K-3 visa is a nonimmigrant visa...
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2 Answers | Asked in Immigration Law for Illinois on
Q: If my K1 visa wife was denied adjustment of status for fraud

My wife came over from China in Nov 2019, we were married and received a deny for adjustment of status in September 2022 for previous tourist visa fraud attempts before we met. I asked her to go back to china and let us start over to be in compliance with USCIS, she got angry and left me, now I... View More

James L. Arrasmith
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answered on May 16, 2023

In cases of divorce and property division, the laws vary depending on the jurisdiction and the specific circumstances of the case. It's important to consult with a family law attorney who can provide advice based on the laws of your jurisdiction.

However, it's worth noting that in...
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2 Answers | Asked in Immigration Law for Illinois on
Q: How do I apply for a lost green card, if I’ve lost my wallet with all of my ID’s?

I lost my wallet with all my ID’s except my passport that has my maiden name on it. To file for a lost green card it says I need 2 picture ID’s. i’ve called the immigrations office for help but it goes to an automated help center that can’t answer how to help me. I can’t seem to get ahold... View More

James L. Arrasmith
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answered on Apr 18, 2023

If you have lost your wallet with all of your ID's except your passport, you may still be able to apply for a replacement green card. You will need to gather as much documentation as possible to prove your identity, such as a birth certificate, driver's license or state ID, and any other... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: I lost my wallet with all my ID’s except my passport that has my maiden name on it. To file for a lost green card it say
James L. Arrasmith
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answered on Apr 18, 2023

If you have lost your wallet containing your green card and all other forms of identification, you will need to take certain steps to obtain a replacement. First, you should report the loss to the police and obtain a copy of the report as evidence. Then, you will need to file a Form I-90,... View More

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