Illinois Immigration Law Questions & Answers
Q: Green Card holder (through EB2) apply citizenship question
Allen C. Ladd's answer
I don't see it as an issue. The green card required you to go to work for the sponsor/employer, but it did not require you to stay indefinitely. Since it takes about 5 years as an LPR to become eligible for naturalization, and you say you've worked the past "couple years" (2-3), it sounds like you fulfilled your commitment to your EB2 employer.
Just be completely truthful on your N-400 application, in all respects.
I don't see it as an issue. The green card required you to go to work for the sponsor/employer, but it did not require you to stay indefinitely. Since it takes about 5 years as an LPR to become eligible for naturalization, and you say you've worked the past "couple years" (2-3), it sounds like you fulfilled your commitment to your EB2 employer.
Just be completely truthful on your N-400 application, in all respects.
Q: I filled for naturalization (am married to us citizen for 3 years) How do I file for my kids.
Allen C. Ladd's answer
Short answer -- discuss this with an experienced immigration lawyer, ASAP.
Some questions and comments for you to consider:
* Are your children permanent residents already? Then they will file N-400, each of them.
* Are they not permanent residents? Then you may file Form I-130 for each of them ... but before you do, I recommend you contact an immigration lawyer for an appointment so you can see if it will be possible for them to complete the process.
*...
Short answer -- discuss this with an experienced immigration lawyer, ASAP.
Some questions and comments for you to consider:
* Are your children permanent residents already? Then they will file N-400, each of them.
* Are they not permanent residents? Then you may file Form I-130 for each of them ... but before you do, I recommend you contact an immigration lawyer for an appointment so you can see if it will be possible for them to complete the process.
*...
Q: my grandmother opened a case to get my parents and I a green card to let us move and live with her in the states in 2010
Kevin L Dixler's answer
No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
Q: Anything wrong with having two H1B petitions and a Green Card petition at a time?
Hector E. Quiroga's answer
The only issue we see is that if the petition for A is approved 1st you will need to decide what you are going to do relative to B. If the petition for B is approved first, then that works in your favor vis-à-vis the green card application, in that it allows you to stay in the US in lawful while awaiting adjudication of the green card.
The only issue we see is that if the petition for A is approved 1st you will need to decide what you are going to do relative to B. If the petition for B is approved first, then that works in your favor vis-à-vis the green card application, in that it allows you to stay in the US in lawful while awaiting adjudication of the green card.
Q: Need help to bring my Wife & Kid to US with H4 extension(Wife have a past bench warrant)
Hector E. Quiroga's answer
Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.
Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.
Q: Will green card application be rejected and my SO deported??
Peter Munsing's answer
Because marriage has obligations you don't necessarily want to get married just because you can't afford to travel.
The Immigration service will look skeptically at the relationship leading up to the marriage so if you marry and he has to go ask yourself seriously are you prepared to go with him?
I strongly advise you to get (without him at first) a consultation with a member of AILA or an attorney who is certified as an immigration specialist under the Pennsylvania Court...
Because marriage has obligations you don't necessarily want to get married just because you can't afford to travel.
The Immigration service will look skeptically at the relationship leading up to the marriage so if you marry and he has to go ask yourself seriously are you prepared to go with him?
I strongly advise you to get (without him at first) a consultation with a member of AILA or an attorney who is certified as an immigration specialist under the Pennsylvania Court...
Q: I qualify to apply for a Citizenship certificate using form N-600, but my GreenCard is expired. Do I have to renew 1st?
Kevin L Dixler's answer
There is an assumption that you qualify for an B-600. That may be a big assumption. Assuming you are correct, no, because ‘if’ you can prove to the satisfaction of USCIS that you already derived citizenship, then you are no longer a lawful permanent resident.
If you need further assistance, then make an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.
The above is general information, not legal advice, and does...
There is an assumption that you qualify for an B-600. That may be a big assumption. Assuming you are correct, no, because ‘if’ you can prove to the satisfaction of USCIS that you already derived citizenship, then you are no longer a lawful permanent resident.
If you need further assistance, then make an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.
The above is general information, not legal advice, and does...
Q: When can my mom who is permanent resident petition my brother (25yo)? Can she apply for housing assistance? She is 65yo.
Hector E. Quiroga's answer
Your mother can petition your brother once she is a USC.
It depends on what kind of housing assistance and how long she has been an LPR. Her best source of information would be to talk with housing caseworkers to see what her options are in the area where she lives.
Your mother can petition your brother once she is a USC.
It depends on what kind of housing assistance and how long she has been an LPR. Her best source of information would be to talk with housing caseworkers to see what her options are in the area where she lives.
Q: If have a problem with filing the application N-400?
Hector E. Quiroga's answer
One of the reasons applicants for certain benefits have interviews is to make sure all information on the forms is correct. If you let the adjudicator know that the answer was incorrect on the form, that is not grounds for denying your application.
It is hard to say why it has been three months and no oath ceremony. Depending on your jurisdiction, it could simply be a scheduling issue. Ceremonies are filled on a first come, first served basis, so if you are from a large city it might...
One of the reasons applicants for certain benefits have interviews is to make sure all information on the forms is correct. If you let the adjudicator know that the answer was incorrect on the form, that is not grounds for denying your application.
It is hard to say why it has been three months and no oath ceremony. Depending on your jurisdiction, it could simply be a scheduling issue. Ceremonies are filled on a first come, first served basis, so if you are from a large city it might...
Q: I just married my husband. I want to bring him to USA. Am a green card holder. But my husband as went for an interview
Iskra Panteva's answer
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
Q: My husband is on tourist visa in the USA. We have been married for 8 years, 2 kids. I would like to know how soon
Iskra Panteva's answer
In general, after 90 days. However, you need to discuss your situation with an experienced immigration attorney as this is not a common situation and the details of every case are different.
In general, after 90 days. However, you need to discuss your situation with an experienced immigration attorney as this is not a common situation and the details of every case are different.
Q: Am I in legal status when i94 expired, H1B extension in process and then applied for COS to H4 which is also in process?
Iskra Panteva's answer
While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases. However, make sure that you have an experienced attorney on your side.
While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases. However, make sure that you have an experienced attorney on your side.
Q: Do you have any idea around the success rate (approvals) for the category 11-1021.00 – General and Operations Managers?
Hector E. Quiroga's answer
It’s going to depend a great deal on how well your company makes your case. If it can truly show that you are the only one that can the job, training shouldn’t matter over experience or vice versa. The only way to know for sure the chances would be to consult with an attorney in your area familiar with employment immigration and the need for employees like you in their area.
It’s going to depend a great deal on how well your company makes your case. If it can truly show that you are the only one that can the job, training shouldn’t matter over experience or vice versa. The only way to know for sure the chances would be to consult with an attorney in your area familiar with employment immigration and the need for employees like you in their area.
Q: Can you get married to an illegal immigrant in Illinois?
Iskra Panteva's answer
Yes. You can get married to an illegal immigrant, and he can pursue immigration benefits. For more information, you should contact an experienced immigration attorney.
Yes. You can get married to an illegal immigrant, and he can pursue immigration benefits. For more information, you should contact an experienced immigration attorney.
Q: If I have an asylum status pending, can I apply for a green card employment based?
Farrah Qazi's answer
If you are applying for asylum in the United States, and have no other basis for staying here legally, then you must wait until your asylum case is approved before applying for a green card (U.S. lawful permanent residence).
If you are applying for asylum in the United States, and have no other basis for staying here legally, then you must wait until your asylum case is approved before applying for a green card (U.S. lawful permanent residence).
Q: How long a visa petition stay good after USCIS approve it ?
Iskra Panteva's answer
It depends on numerous factors such as type of petition, the priority date, National Visa Center's status, the petitioner's actions, etc. You should contact an experienced immigration attorney in order to evaluate your case and to confirm for how long the petition can be good.
It depends on numerous factors such as type of petition, the priority date, National Visa Center's status, the petitioner's actions, etc. You should contact an experienced immigration attorney in order to evaluate your case and to confirm for how long the petition can be good.
Q: I overstayed my tourist visa, now a DACA recipient. Can I return to my home country and apply for a work visa in the US?
Hector E. Quiroga's answer
You don’t say how old you were when you got DACA, but if you were under the age of eighteen when you did it might be possible.
You don’t say how old you were when you got DACA, but if you were under the age of eighteen when you did it might be possible.
Q: Need an attorney advice on EB 1 eligibility (Employment Based) Immigration
Hector E. Quiroga's answer
It depends. You might consider others, too, such as an EB-2 or -3. Immigration through employment is a long, complicated process, and with the little information you gave it is hard to say which is the better fit for you. You really need to consult with an immigration attorney with whom you can discuss your case in great detail.
It depends. You might consider others, too, such as an EB-2 or -3. Immigration through employment is a long, complicated process, and with the little information you gave it is hard to say which is the better fit for you. You really need to consult with an immigration attorney with whom you can discuss your case in great detail.
Q: Hello, I have an immigration question, about reentry if I travel abroad
Iskra Panteva's answer
I would recommend to get the certified disposition of the charges and get an opinion from an experienced immigration attorney. It is hard to advise you on the limited information that we have without knowing the exact section of the law that you were charged under.
I would recommend to get the certified disposition of the charges and get an opinion from an experienced immigration attorney. It is hard to advise you on the limited information that we have without knowing the exact section of the law that you were charged under.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
