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Illinois Immigration Law Questions & Answers
2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Illinois on
Q: Thanks for the help

A question to distinguished attorneys, is a agaravated speed violation considered a under the IMPAIRED drive or Moral turpitude particularly serious crimes ”when it comes to immigration and does it affect the person in the immigration court

Juan Ooink
Juan Ooink answered on Jul 16, 2020

This is something you need to discuss with an immigration attorney. Aggravated Speeding is either a Class B or Class A Misdemeanor criminal offense, so it could have immigration issues. An immigration attorney will be able to tell you how best to deal with these types of charges on your record. If... Read more »

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2 Answers | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: Do amendments to work permits for asylum renewal include misdemeanor crimes, felonies, and traffic offenses,

The question is in the recent amendments to the law to renew the work permit for asylum. Does it include speed violations such as aggravated speed Is it prohibited to renew this work permit before the start of Resolution 25 August 2020?

Juan Ooink
Juan Ooink answered on Jul 14, 2020

This is something you need to discuss with an Immigration Attorney. The sooner you do this, the better.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I am a US citizen, how long would it take to get a green card for my wife who has over stayed her visa?

We are planning to move to Chicago and needed to know how long it would take to process her green card from there.

Stephen Arnold Black
Stephen Arnold Black answered on Jul 12, 2020

A US citizen can sponsor his foreign national spouse despite that she overstayed her visa and provided no grounds of inadmissibility otherwise exist (ie crimes, etc). The current processing time is taking at least one year from the time of filing and most likely a wee bit longer due to the covid... Read more »

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3 Answers | Asked in Immigration Law for Illinois on
Q: I have a question about I-864A joint sponsor. I hope someone can help me to understand.

Last month, I got married to US Citizen and she does not meet minimum income requirements. Thereafter, I talked to my uncle and he said he and his wife together makes about 35,000 a year in total household income for year 2019 based on IRS tax filling. And, this was only for year of 2019.My uncle... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 10, 2020

It is wise to reach out for help, but I recommend that you take this matter more seriously. More information is needed, but there can be a challenge.

I strongly recommend an appointment with a competent and experienced immigration attorney who can take the time to carefully review before...
Read more »

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1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: Under what classification is a violation of the aggravated speed attributed to the Department of Immigration,

Will the new or proposed asylum law endorse the new cases, or all pending cases, even old ones?

Kyndra Mulder
Kyndra Mulder answered on Jul 9, 2020

Aggravated speed is more than a taffic citation. It can be considered a serious misdemeanor and a CIMT. Specially if the person charged did not have insurance it is considered a lack of concern and cae for other drivers. This can be given weight in considering whether a person meets the good moal... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: On B2 visa for 6 months. Visa expires soon after that. What to do now in this situation?

My in-laws came to the US for a visit from India on their B2 visa in February 2020. They can stay till August 2020. They have a return ticket but due to Covid issues, there's no flight service by that airlines right now. India is yet to resume international travel. I understand that we can... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 5, 2020

Hello, if your spouse is a U.S citizen, consider petitioning for your parents to adjust status to green card holder so they can stay in the U.S freely without the need to travel back.

Applying for a renewal of B2 Stay may be your best bet in this situation. Covid 19 is definitely a valid...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Family at O’Hare on F4 I-864 Immigration Found Inadmissible

I have family at O’Hare that is currently being detained. They were declared inadmissible because they were missing a “wavier” in which CBP did not state which waiver. Is there anyway to help them get into the country before they are “deported” back to their home country of Germany?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If they were declared inadmissible and summarily excluded, then it will be extremely difficult to undo the damage before the order is executed.

If they are allegedly inadmissible, then only diplomacy by negotiation can undo the determination if a mistake was made. The costs and speed in...
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1 Answer | Asked in Immigration Law for Illinois on
Q: New asylum laws, will they pass on new or old cases, or will they cover all cases that are heard in the courts?

Will the new asylum decisions affect all applicants in the past who have traffic violations such as aggravated speed and have been reduced to a petty crime? Is there sufficient reason for refusing asylum? Or take it as a reason against the person

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If your case is still pending, and a decision is not final, then any regulation that 'actually goes into effect' will impact you if it is effective before a final decision. That is, unless the regulation is somehow modified to indicate otherwise.

The current regulations are...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Is a grant considered a public fund? Would me getting it affect the filing for the green card process of my husband?

I heard theres a $10,000 grant relief for small businesses impacted by the coronavirus, as much as I need this I do not want to jeopardize my husband's status of becoming a citizen in America. Please advice l, would me getting that grant become a obstacle for him in the future?

P.S... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jun 23, 2020

This is not a means tested pubic benefit, so it should not impact his case. In addition, if he is filing for citizenship and not a green card (they are not the same thing), then public charge would not be an issue even if aforementioned grant were a public benefit.

1 Answer | Asked in Immigration Law for Illinois on
Q: The question is, when the aggravated speed is reduced to a petty crime, is this called vacated?

Within the new rules for preventing asylum, the case will be affected in the current situation

Hector E. Quiroga
Hector E. Quiroga answered on Jun 19, 2020

Traffic infractions by themselves are not generally grounds for the denial of an asylum application, even under the proposed new rules, which deal more with the claims of asylum rather than grounds of inadmissibility. If the traffic infraction led to a more serious crime, such as hit and run or... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Can I go back to my country without completing my EOS process? I overstayed because of Covid-19.

I overstayed here in America due to Covid-19 but I filed and EOS before the expiration of I-94. I am just worried that I won't be able to comeback here in the U.S. without the EOS decision

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 12, 2020

Hello. Yes, if you have an extension application pending, it is possible to travel without abandoning the application. This is different from Adjustment of status, where leaving the U.S. will result in abandoning the application, resulting in a denial. Moreover, COVID 19 is a worldwide pandemic and... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: What happens if a conditional LPR who applied for divorce and divorce is not finalized before 2 years period?

I’m a LPR(conditional) married a US citizen for 1.6 years and due to mental harassment I had to file divorce in March 2020 but due to this pandemic it took time to get her served with the papers, I have question

1. What if divorce isn’t finalized before 2 year period?

2. What... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

A self petition is more often filed by a divorced, not a married applicant, at any time, even after the two year period. If you lack significant evidence of abuse, then filing a self petition based upon abuse can be denied. In general, the reasons will become apparent if you value an experienced... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: What options are available for immigrant to retain or regain legal residency after denial of I 751 petition by USCIS?

-Immigrant's I 751 petition denied for lack of evidence of bona fide marriage or marriage fraud

-Immigrant signed agreed annulment based on marriage fraud

-Immigrant has new U.S. citizen spouse

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

This is a complicated and unfortunate situation. Your new U.S. citizen spouse will be disqualified from filing a form I-130 petition as a matter of law. This is true even if the USCIS takes his form and filing fee. The fact that you have admitted that you committed marriage fraud in a sworn... Read more »

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Q: I got my green card through marriage in 2014. Since 2017, I have been living separately. I want to file for citizenship.

My question is: should I get divorce before I submit for citizenship? Or wait till I get my citizenship and then get a divorce?

Thank you in advance

Z

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

More information is needed. How long did you live together? Did you keep any documentary evidence of the marital relationship after the applications were approved? It is unclear whether the USCIS will choose to scrutinize your marital relationship at the naturalization examination. This, in... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Using medicaid or other health insurance benefits while on a tourist visa and pregnant.

My wife and I came to visit my parents in January, but due to the COVID-19 pandemic, we have been unable to return back to China. I am an American citizen and my wife is a Chinese citizen with a 10 year tourist visa, allowing her to stay six months at one time. She is also soon to be 8 months... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

Due to current changes in the definition of who is a public charge, such a decision may indefinitely bar her from ever getting an immigrant visa. This, even if she is married to you. The new rules have been challenged in the 7th Circuit which covers Illinois. Yet, the outcome of that case is... Read more »

1 Answer | Asked in Family Law and Immigration Law for Illinois on
Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?

I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Can applicant's US house be used as asset to support green card petition?

I'm married to US citizen wife since last fall. She petitioned for me for green card. I'm here 20 years, having overstayed tourist visa. We filed i-130 and i-485,944,765 and 864. On i-864 we listed her income of 16k and mine of 32k (income requirement for 2 is about 21.5k). Today we got a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

It should be an asset that is in your wife's name and you may need to prove it. The appraisal must be from a reliable source. It is always best to secure a joint sponsor in these situations, because the applications can be denied if the USCIS thinks that you did not provide enough proof,... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: If immigrant adjusts status based on new marriage would conditional residency rules be applicable?

Immigrant remarried soon after annulment while still in conditional residency status obtained through first marriage. Was not able to remove conditions based on first marriage. Now trying to adjust status based on new marriage. If new green card is granted based on second marriage that is less than... Read more »

Mario Musil
Mario Musil answered on May 18, 2020

USCIS will not re-adjust status for someone who has a conditional residence. That person will have to remove conditions. If they are no longer married to the original petitioner, they will have to file a waiver application. I recommend you seek a qualified lawyer for this type of complex situation.... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Is it possible to reject the pending asylum case in the immigration court due to a traffic violation?

Aggravated speed violation reduced to patty offense, court supervision and bond signature. But I did not go to custody The case was resolved in this way

Robert Roy Klein
Robert Roy Klein answered on May 17, 2020

Only crimes involving moral turpitude. Traffic violations are not considered moral anything. The officer and the judge will want to know about it though. Keep all papers, including any fines paid and classes taken, to show the officer and judge.

2 Answers | Asked in Immigration Law for Illinois on
Q: Can a conditional green card holder apply for unemployment Insurance or if they’re self employed apply for PPP ?

During this pandemic I lost my earnings as a self employed uber driver and I am on a conditional green card

Drew Elesh
Drew Elesh answered on May 14, 2020

Yes you paid into the state unemployment fund and as an LPR you are entitled to those benefits you paid into. It will not negatively impact any application to become a U.S. citizen . Other benefits like Medicaid can be problematic for those without a greencard yet. So you should apply.

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