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Illinois Immigration Law Questions & Answers

2 Answers | Asked in Immigration Law for Illinois on

Q: Can my husband apply for a green card if I sponsor him?

I'm a green card holder(obtain in 2018) and my husband is out of status. He's been brought to the USA as a minor and when he turned 21 his status expierd. If we apply for a green card for him, would he have to leave the country to be able to adjust his status? If he leaves he will get banned for... Read more »

Sheri A Benchetrit answered on May 10, 2019

Your case has a number of different aspects that have to be addressed. First, you should know that marriage to a green card holder does not forgive the unlawful presence that your husband has already accrued, and will not protect him from accruing more unlawful presence. (This means that marrying... Read more »

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1 Answer | Asked in Immigration Law for Illinois on

Q: Can they deport me?

I had my citizenship interview yesterday and they told me that they will email me the answer. I came here through my wife. She is a citizen. We got married about 13 years ago. But is been 4 years we don’t live together and we don’t have kids. I already have a girlfriend and I’m living with... Read more »

Hector E. Quiroga answered on Apr 25, 2019

It depends. How long have you been a resident? If you applied for citizenship more than 5 years after becoming a resident, then no. If it was less than 3, then possibly, because in order to be able to apply for citizenship based on marriage to a USC after three years you have to show that you were... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: I was 12 at the time my father was Naturalized in 1990. Would I be eligible for automatic citizenship?

I am a US resident and have lived in the US since 1980. Only my father became Naturalized he passed in 2011. My mother has not become Naturalized. How do I know if I am eligible for the Acquisition of Citizenship?

Kevin L Dixler answered on Apr 23, 2019

No. You are too old to qualify for the CCA, which was enacted after you turned 18 years old. You must naturalize, take the exam and be reviewed for any other disqualification including deportation.

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

1 Answer | Asked in Immigration Law for Illinois on

Q: I have a valid greencard. but I haven't stayed in USA for more than 5 years. Is there a way to enter usa again using it?

I would like to add that several years ago I made a re entry permit for 2 years. My greencard will expire on 09/23/2020 and last time I entered USA was about in 2014 and

Hector E. Quiroga answered on Apr 15, 2019

You have abandoned your residence in the US. It is highly unlikely that you would be allowed back in again.

1 Answer | Asked in Immigration Law for Illinois on

Q: Does a prior petition for (and perhaps approval of) I-140 hurt a later L-1 application?

I am Indian citizen working in the US and in a situation where my H-1B maxes out (6 yrs) in a month and my PERM ETA 9089 (within category EB2, with a huge backlog for green cards) is being sent out now. My company is multi-national, and they are offering to promote me to a managerial position in... Read more »

Hector E. Quiroga answered on Mar 20, 2019

Not necessarily. You will have to show that you intend to return to India at the end of temporary travel to and stay in the US, and the fact that you applied for an immigrant visa in the past might make that more difficult (your intentions will be questioned), but the one doesn’t cancel the other... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Hi, my EAD card has been approved and I received my I797 but I did not receive my EAD card yet. It’s been a month.

It’s regarding the OPT application . The date of status has changed twice subsequently but the status remains the same- new card is being produced. Please suggest what next step should be taken.

Kelli Y Allen answered on Mar 12, 2019

You could contact USCIS and place a service request. They should be able to track the card to see where it was delivered, or if it was never sent out.

1 Answer | Asked in Immigration Law for Illinois on

Q: In Form I-130, do I need to write beneficiary's name and address in their native language?

I am a U.S. citizen filing a Form I-130 for my wife who resides in India. Both of our native language is Gujarati, but I do not know how to read or write it as I have only attended U.S. schools. So, in Part 4, 57a - 58f, of the Form I-130, what should I write?

Also, if I need to write that... Read more »

Hector E. Quiroga answered on Mar 11, 2019

Since that is specifically requested, we recommend that you find someone who can put that information in that section for you. Alternatively ask your wife to write it down and send it to you. Then trace it onto the form.

1 Answer | Asked in Immigration Law for Illinois on

Q: I am on F1 student visa in the USA since 2015 and now want to apply for asylum. Can I do that?

I am not sure if the deadline has passed already and if the judge will take my application to be fishy or something like that.

Deron Edward Smallcomb answered on Mar 7, 2019

You will need to have a reason for a change of circumstances as to why you didn't file in the first year, otherwise you would only be eligible for withholding of removal. These cases are very difficult and you absolutely should contact an experienced immigration attorney.

1 Answer | Asked in Immigration Law for Illinois on

Q: My H1b got some issues and my spouse has a GC. Which visa option is best for me? Tourist / Student / Dependent?

Hi I recently came to India back from US for some days and realized that I have to stay longer here due to some issues of my employer with DOL. I was there on H1b. My spouse has a green card and for now I will like to know which other visa can take me back to US as we have our home there. Spouse... Read more »

Deron Edward Smallcomb answered on Mar 1, 2019

You should contact an experienced immigration attorney and discuss in further detail. You have more than one option here.

1 Answer | Asked in Immigration Law for Illinois on

Q: in what category I fall for GC as I hold 3+2 years degree from India with 14 yrs exp? Am I eligible for EB2/3. In H1

I have 3 years bachelor degree in computer science and 2 years masters in computer technology from India with 14 years exp. pls let me know which category I fall for filing GC ? I hold H1b currently ..Am I eligible for Eb1 or 2 ?

Iskra Panteva answered on Feb 6, 2019

It will depends on whether your degree is equivalent to Bachelor or Master's degree. Generally, if it is equivalent to Bachelor, then you are eligible for EB3. If it is Master's, you are eligible for EB2. In regards to the EB1, there is a different test that needs to be performed; whether you are... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Hey! I wanted to ask if I can apply for adjustment of status through marriage.

Hey! I wanted to ask if I can apply for adjustment of status through marriage.

I am on J1 research visa, and I have b1b2 visa aswell. After marriage, if I exit US and re enter on

b2 visa, and then file my adjustment of status, will there be any problem in getting the green card?... Read more »

Kelli Y Allen answered on Jan 19, 2019

No you cannot do that. Hire an experienced immigration lawyer to help you navigate the process.

4 Answers | Asked in Immigration Law for Illinois on

Q: When is the last day for him to leave USA?

my brother on F1 student visa. the intended program was for 2 years. After one semester, he decided to not completing his program. my question, when should he travel abroad? some people told me 30 days others 60 days after the last day of his class? I got so confused?

kindly let me know... Read more »

Allen C. Ladd answered on Jan 13, 2019

Go with 30 days. I don't recall which one it is, but why push the matter?

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1 Answer | Asked in Immigration Law for Illinois on

Q: Green Card holder (through EB2) apply citizenship question

Would that be an issue if a Green Card holder (through EB2) has self-employed or unemployed history during the couple years before he/she applying the US citizenship?

Allen C. Ladd answered on Jan 4, 2019

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... Read more »

2 Answers | Asked in Immigration Law for Illinois on

Q: I filled for naturalization (am married to us citizen for 3 years) How do I file for my kids.

I filled for naturalization (am married to us citizen for 3 years) using form N400. My children were under 18 when they came to USA but are over 18 now. How do I file for their naturalization? What form should I use? They are both permanent residents. The attorney I used sent a email stating the... Read more »

Allen C. Ladd answered on Jan 3, 2019

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...
Read more »

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1 Answer | Asked in Immigration Law for Illinois on

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

5 months ago they give us the response and they give to my parents except me because I am 24 years old now

is there any way to reopen the case or to get the green card very fast ?

Kevin L Dixler answered on Dec 23, 2018

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... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Anything wrong with having two H1B petitions and a Green Card petition at a time?

I am an F1 student. Currently on OPT. In April 2018, I have applied to H1B with two companies at a time. Let’s call them company A and B. In the lottary process, both companies has been selected. Currently both of the petitions are in pending process. The company A has received an RFE, and... Read more »

Hector E. Quiroga answered on Nov 30, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on

Q: Need help to bring my Wife & Kid to US with H4 extension(Wife have a past bench warrant)

Really need a help to back my wife and Kid to US. Me(on H1B) and My wife(was on H4) had very clean record. My wife got caught on a Shoplifting charges from one of the retail store for a theft of items below 50 USD from Ohio state.We hired the criminal defense attorney for her and she attended the... Read more »

Hector E. Quiroga answered on Nov 16, 2018

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.

2 Answers | Asked in Immigration Law for Illinois on

Q: Will green card application be rejected and my SO deported??

I’m a US citizen(IL) and my SO is from South Korea. He is in the US with ESTA. Neither of us want to split up but we can’t afford to fly to see each other regularly so we are opting for marriage. We’ve only known each other for about 5 months. We want to have a court house marriage after the... Read more »

Peter N. Munsing answered on Nov 3, 2018

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...
Read more »

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1 Answer | Asked in Immigration Law for Illinois on

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 answered on Nov 2, 2018

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...
Read more »

1 Answer | Asked in Immigration Law for Illinois on

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 answered on Oct 30, 2018

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.

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