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Illinois Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Illinois on
Q: Can my wife sponsor my parents and brother if I’m not currently working? If so how much income does she need to have?

I just became a US citizen. I am currently not working. Can my wife sponsor them? Also how much income does she need in order to sponsor all 3 of them? My wife and I do not have any children.

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 6, 2023

A US citizen can sponsor their foreign national parents for green cards. A US citizen can also sponsor his or her brother, but that would not be considered an immediate relative petition. A brother sponsoring a brother would take roughly a dozen years before his visa became available. Your wife can... Read more »

1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Immigration Law for Illinois on
Q: How to send ‘copies of documents’ to USCIS in ‘paperless billing’ era?

Hi

‘Copies of documents’ are required by USCIS for various immigration applications and petitions. Especially for marriage based petitions such as I-751 it’s required to provide evidence in the form of utility bills, joint savings and checking accounts with transaction history etc.... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

You may submit utility bills, bank statements, and other documents printed in PDF format or screenshots. USCIS will accept these documents as copies.

I recommend that you carefully read the instructions provided for form I-751 and if you have additional questions, consider retaining an...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: What I797 Approval Notice is Required to review my daughter's I485 document with my Pending VAWA Application?

I submitted my daughter's I485 & I765 document with a copy of my I360 receipt notice(application still pending) & prima facie notice. It was returned asking that I provide

"A copy of I797 approval notice establishing that you are the beneficiary of a pending or approved... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Dec 30, 2022

More information is needed. It is possible that your daughter's form may have not been properly completed. It is equally possible that that the USCIS needed proof that you previously filed the form I-485 application. Review the material. If you are still confused, you ought to seek an... Read more »

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 20, 2022

What you are planning is called visa fraud. I will explain:

1. When you applied for a visitor's B-2 visa its content specifically mentioned to state purposes of the trip truthfully. When you submitted the information at the end of that federal visa application there was a proviso for...
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1 Answer | Asked in Immigration Law for Illinois on
Q: · Is it legal for me to work with a B1/B2 visa?

· Is it legal for me to work with a B1/B2 visa?

· I hold a Jordanian passport with B1/B2 visa; am I eligible to file Adjustment of Status?

· If yes, how much will it cost me to craft and structure the file for the legal status change formalities from B1/B2 visa... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 10, 2022

In general, no. You can only temporarily solicit orders for a foreign company at trade shows, among other actions that do not result in remuneration in the U.S. for work done after entry.

I strongly recommend an appointment with a competent and experienced immigration attorney before there...
Read more »

1 Answer | Asked in Contracts and Immigration Law for Illinois on
Q: Have a legal signed contract with someone who got deported. Is it still valid?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2022

The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.

1 Answer | Asked in Immigration Law for Illinois on
Q: Are you allowed to smart work for a foreign country while waiting for a green card
Kevin L Dixler
Kevin L Dixler
answered on Oct 16, 2022

An alien must have a work authorization card or an employment visa for a stated employer-petitioner. Any alien who lives and works without authorization falls out of status and is subject to possible deportation.

This doesn’t appear to be allowed, because you will likely receive payment,...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Hello my brother came on H1B and he became undocumented.

Hello my brother cam eon H!B and he became undocumented. He had Illinois Physical Therapy assistant license which he had to put on hold as he could not renew in 2018 before the SB3109 which states that no applicant shall be denied a license solely based on his or her immigration status or... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Oct 14, 2022

Your brother was admitted and inspected in H1b visa status, so he is documented. However, he has fallen out of status by overstaying his visa. This means that he has accrued unlawful presence. Likely enough for a ten year bar from lawful admission should he depart the U.S.

He was never a...
Read more »

1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: My ceremony is in 4 weeks. Should I answer "Yes" or "No" on question 4 on the Notice of Oath Ceremony (form N445)?

Q4 on form N445 says:

"Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"

Facts:

- I got a $164 traffic ticket three weeks before the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2022

I recommend doing the following:

Obtain a court certified traffic citation disposition from the clerk of the county court where the matter was adjudicated (completed). Disclose that traffic citation and attach a copy of the certified court disposition with all conditions met (fine paid) on...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: can i sponsor my dad for a green card if he’s getting deported back after a misdemeanor?

he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: I-912 got rejected ( fee waiver)

I recently submitted a i-912 with my i-90 but it got rejected. My reason is that my card got lost or stolen ( they sent it to my old address). My criteria is that I am below poverty.

USCIS is asking for evidence such as Tax returns and pay stubs. But I just moved to the US and I am cant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

1. You have to update the address within ten days of moving by way of submitting AR-11 online and by mail to each respective USCIS facility as directed. That way the card would be delivered properly.

2. The USCIS may, at its discretion, reject granting a fee waiver for certain reasons...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Immigration Law: Leaving and entering the US on an H1b visa after marrying a US citizen.

I am currently in the US on an H1b visa. I will be marrying a US citizen in the US soon. Can I leave and return to the US after the marriage on my H1b visa without applying for a marriage-based green card? Do I need to inform USCIS of the marriage? My H1b visa stamp will be valid during this time.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

You need to be extremely careful.

You must notify the USCIS of your marital status change to a USC in writing.

Naturally, you may depart and be admitted to the United States during the duration of your H1B visa validity, however you must give honest answers regarding your marital...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: I-130 processing time if filed while husband was in process of removal

Backstory. We filed the form I-130 back in April '19. I was a green holder at that time, my husband is in process of political asylum, waiting for the court date, which is not set yet, so he is in process of removal. So it's almost 3.5 years since we filed i-130 and it's still... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

1. You have to contact the USCIS in writing to UPDATE the pending I-130 requisites that WILL place its consideration into a different category (sponsored by a USC) to expedite its completion.

2. Also, it makes sense to reach out to tier II live manager at the USCIS toll free number (prepare...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Documents to show proof of US citizenship?

I’m applying for the N400 form after marrying a US citizen (and obtaining green card through marriage). My husband was born in China but was adopted by US citizen parents. He has a US passport but no naturalization documents. Can he use his adoption papers or US passport to show proof that he is... Read more »

Agnes Jury
Agnes Jury
answered on Aug 6, 2022

Passport AND adoption documents may be enough to prove citizenship. If it is not, USCIS will send a Request for Evidence and you can do a Freedom of information act (FOIA) request to USCIS for a copy of his naturalization certificate. Best wishes!

3 Answers | Asked in Immigration Law for Illinois on
Q: I just became a US citizen after marriage. I would like to sponsor both my parents that also live in the US.

The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?

Adan Vega
Adan Vega
answered on Jun 4, 2022

As a U.S. citizen, you can file the FORM I-130 for each of your parents. If your parents lawfully entered the U.S. then the FORM I-485 can also be filed with USCIS. The U.S. citizen petitioner will have to also file the FORM I-864 with the adjustment of status process. If your income is... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Does immigration reuse your biometric after four years when they denied the case, my friend remarry

and her husband filled for her, she received a notice that the USCIS want to reuse her past biometric

Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: I am currently a full time employee at Amazon so is there is a way to get a green card through the employer?
Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Is someone can apply for the citizenship who has misdemeanor charges and one year observation?

I am in living in this country more than 7 years and my arresting date time is more than 3 years till now. Am i eligible for applying the us citizenship thanks

Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.

Also, if you have not yet become a...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Can immigration reuse your biometric after four years

Good morning, pls I will like to ask a question

Does immigration reuse your biometric after four years?

My friend apply with her ex husband, and thier case was denied, she remarry and her husband filed for her and got an mail that state that, uscis with reuse her pass biometric,... Read more »

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2022

If the first case was denied, the it is possible that the second USC husband is disqualified from filing a form I-130 petition as a matter of law. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation before there are any other... Read more »

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