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Illinois Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

James L. Arrasmith
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answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Will Engagement to a U.S. Citizen Affect My F1 Visa Renewal?

I initially came to the U.S. on a J1 visa, which included a two-year home residency requirement. After spending a year in the U.S. as a researcher, I got an offer to do a PhD, returned to my home country, and then re-entered the U.S. on an F1 visa to start a PhD. My F1 visa was issued for two... View More

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answered on Apr 13, 2024

Your engagement to a U.S. citizen may raise some questions during your F1 visa renewal process, but it should not automatically disqualify you from obtaining a renewed visa. However, you will need to demonstrate your intent to return to your home country after completing your studies.

Here...
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1 Answer | Asked in Immigration Law for Illinois on
Q: What do I put on i864w part 2?

What do I put on i864w part 2? There's 2 awnsers that say i360 but 1 says for widower,amerasion or special immigrant and the second awnser says battered spouse or child.

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answered on Apr 6, 2024

Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, is used in certain cases where the intending immigrant is not required to submit Form I-864, Affidavit of Support.

In Part 2 of Form I-864W, you need to select the reason for your exemption from the...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Im asylum seeker, left USA without advance parole, can I enter USA by Mexico border?

I come to USA by Chicago O’Hare airport and left by the same airport. I have I-94. I have asylum case in Chicago and left the USA after interview, I have missed court. I havent advance parole. If I come to USA by Mexico border, can I enter second time? Or what can I do ? Thank you!

James L. Arrasmith
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answered on Mar 28, 2024

If you left the United States without advance parole while having an asylum case pending and missed your court date, re-entering the country, especially through the Mexico border without proper authorization, could significantly complicate your situation. The absence of advance parole generally... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: How long I need to wait to get the welcome letter from NVC?

Hi

it’s has been 56 days when we have the approval notice for I-129F and the case was sent to NVC by USCIS. I contacted NVC by email and they only sent me the case number. How long we need to wait to have the welcome letter please?

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answered on Mar 26, 2024

Receiving the welcome letter from the National Visa Center (NVC) after getting an approval notice for I-129F can vary in time. Typically, after USCIS approval, it may take from 30 to 60 days for the case to be transferred to the NVC and for them to send out the welcome letter. However, this... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: How long I need to wait to get the welcome letter from NVC?

Hi

it’s has been 56 days when we have the approval notice for I-129F and the case was sent to NVC by USCIS. I contacted NVC by email and they only sent me the case number. How long we need to wait to have the welcome letter please?

Yohan Zingile
Yohan Zingile
answered on Mar 28, 2024

After USCIS approves the petition, NVC generally will take up to 90 days for the immigrant visa case creation. This is sent by email or mail (if no email is on file) and contains the NVC Case Number and Invoice ID Number. Sometimes, the case creation takes few weeks, sometimes it takes longer. If... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 16, 2024

This is highly irregular unless the officer based his analysis on “current” income that he felt was insufficient. The most important evidence of current income are pay stubs and bank statements from the last 6-12 months. Also, officers do not accept the 1040s; they need the tax transcripts that... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the difficulties you and your wife are facing with her marriage-based green card application. It sounds like an incredibly stressful and frustrating situation, especially after all the preparation you did to provide the required documentation.

For your...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, I’m on H1B visa, working for IT company. Can I create art in USA within my free time and sell in other countries?

Or can I create art in my home country while I’m on vacation and sell in other countries? If yes, can I sell in USA too?

Please let me know. Thank you!

James L. Arrasmith
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answered on Mar 11, 2024

As an H1B visa holder, there are some restrictions on your employment and income-generating activities. Here are a few key points:

1. H1B visa holders are typically only authorized to work for the specific employer who sponsored their visa. Engaging in work or earning income from other...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Getting married in France, they require apostilled proof of US residency, what documents are acceptable?

I am getting married to my fiancé in France. I submitted my passport, birth certificate, and proof of no prior marriage. They said I also need to send in an apostilled proof of residency of where I live in Chicago. I cannot find any info on what this document is. I am not planning on moving to... View More

James L. Arrasmith
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answered on Feb 21, 2024

To obtain an apostilled proof of residency for your wedding in France, you can typically request a document from the local government office that verifies your residency. This document may vary depending on the specific requirements of the French authorities, but common examples include a utility... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply for I-131 and I-765 when applying for Form I-130 if I marry to a green card holder not US citizen?

I have a F1 visa and currently still remain my status in the US. I am marrying to a green card holder and we are planning to apply for Form I-130. Is it eligible for me to apply for Form I-131 and I-765 as well when I apply I-130?

James L. Arrasmith
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answered on Feb 22, 2024

When you marry a green card holder and file Form I-130, Petition for Alien Relative, to establish the marital relationship, your ability to apply for Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently depends on your current status... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: My fiancée has a daughter in Ecuador she arrived to the US with a tourist visa and recently had to travel back for an

Emergency concerning her daughter. She spent five years in the USA without a green card. What can I do to start her paperwork to legalize her

James L. Arrasmith
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answered on Feb 22, 2024

Given your fiancée's situation, there are steps you can take to start the process of legalizing her status in the United States. One option is to explore the possibility of adjusting her status through marriage, if you are a U.S. citizen or lawful permanent resident. This process typically... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Should we submit I 485+I 765+I 131 before or after my citizenship. Currently a LPR with pending I-130 for spouse.

Priority date for I-130 is May 2023. Mainly we want to be able to travel internationally.

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answered on Feb 4, 2024

As a Legal Permanent Resident (LPR) with a pending I-130 petition for your spouse, deciding when to submit the I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document) depends on several... View More

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1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, I'm truly sorry & embarrassed of sharing it, but when I was 19, I met someone off dating site & we went on a date

the person lied to me about their age & me being less than smart, it did not come to my mind to ask a person for proof of age & instead based of the person physical traits, I believed the false age which this person claimed on the profile of dating site & the person was actually under... View More

James L. Arrasmith
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answered on Jan 26, 2024

I cannot make any definitive legal assessments regarding your situation or chances for citizenship. However, I can provide some general information.

A misdemeanor offense, especially one from many years ago when you were young, does not automatically preclude you from potentially obtaining...
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2 Answers | Asked in Banking, Immigration Law and Tax Law for Illinois on
Q: As an international student, can i convert money from my home country into US dollars and buy crypto on daily basis.

Also, after buying the cryptos, can i trade them back to my home country. And doing such will i face any immigration issues?

Syed Ali Hussain Lahooti
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answered on Jan 21, 2024

Can you do what you are doing from your home country, such as converting your currency into dollars and then converting it back to your country's currency? Being on student status, having a social security number, and a US bank account, and using it to trade crypto—all of these fall under... View More

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2 Answers | Asked in Banking, Immigration Law and Tax Law for Illinois on
Q: As an international student, can i convert money from my home country into US dollars and buy crypto on daily basis.

Also, after buying the cryptos, can i trade them back to my home country. And doing such will i face any immigration issues?

James L. Arrasmith
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answered on Jan 22, 2024

As an international student in the U.S., you are generally allowed to convert money from your home country into U.S. dollars and invest in cryptocurrencies. However, it's important to be aware of several factors. Firstly, ensure that you comply with the foreign exchange regulations of your... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Can I re-enter into USA while waiting on I-88?

(I wrote above I-88 by mistake, I am meant 1-130)

I married a green card holder and I currently have a F1 visa waiting on I-130. Can I travel to India and get back in ?

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answered on Jan 3, 2024

Traveling outside the United States while your I-130 petition is pending can be risky, especially on an F1 visa. While an F1 visa typically allows you to re-enter the U.S. after short trips abroad, your situation is more complex due to the pending I-130, a family-based immigration petition.... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, my brother applied or F4 (Brother & Sister of US Citizens), I received intimation from NVC to deposit fee, COS and

to follow rest of the process. He refuses to go forward with the petition and don't want to deposit fee and sign COS. How can I proceed with my case ?.

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answered on Jan 2, 2024

In the context of an F4 visa category (Brother & Sister of US Citizens), the involvement and cooperation of the beneficiary, in this case, your brother, is essential. If he refuses to move forward with the petition, there is no way for you to independently proceed with the case on his behalf.... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: How to fill out Part 5, from 1-8 considering my situation?

I am currently in the process of filing the I-864 Affidavit of Support as a joint sponsor for my daughter's husband who resides overseas. I have a question regarding Part 5, specifically in determining the household size.

In my household, I live with my husband, our 18-year-old son,... View More

James L. Arrasmith
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answered on Jan 1, 2024

In filling out Part 5 of the I-864 Affidavit of Support for your daughter's husband, you'll need to calculate your household size accurately. Here's how to approach each item from 1 to 8:

1. Include yourself in the count.

2. Include your husband, as he is a member of...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Does the 2YHRR Apply When Applying for Form I-130 and Adjustment of Status After Marrying a US citizen?

Hello,

I arrived in the US in September 2021 on a J-1 visa, which carries a two-year home residency requirement. During my stay, I was offered a Ph.D. position, which I accepted. In June 2022, within the grace period of my J-1 visa, I returned home and applied for an F-1 visa. Upon... View More

James L. Arrasmith
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answered on Dec 5, 2023

The two-year home residency requirement (2YHRR) associated with your J-1 visa can indeed impact your ability to adjust status in the United States after marrying a U.S. citizen. Here's a breakdown of how this might affect your situation:

Existence of 2YHRR: If your J-1 visa was subject...
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