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Illinois Immigration Law Questions & Answers
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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2 Answers | Asked in Immigration Law for Illinois on
Q: Is it true that me(the wife) & a citizen who receives link card benefits,would affect my husband filing process

I am citizen and the wife, but I soon heard a rumor that the trump administration are cracking down on families that recieve any kind of benefits from the government and that this would affect heavily the families seeking green cards or stay in America.

Drew Elesh
Drew Elesh answered on May 13, 2020

The new public charge form is 18 pages and requires documentation and answers regarding public benefits and financial proof such as a credit report and loans like car loans or student loans etc.... So individuals can be denied a Greencard if USCIS determines they are likely to be a public charge to... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi Wanting to find out the best ways to move to the US permanently

I’m 21 years old and currently in Illinois on a J-1 visa. I’ve been in the country for almost two years and once I return home I plan on receiving my bachelors in language education.

Once I have earned my bachelors I would like to move to the US permanently but am unsure of the best... Read more »

Robert Roy Klein
Robert Roy Klein answered on May 8, 2020

You'll need to see if you are subject to the 2 year home residency requirement. If so, you'll need a waiver.

If you don't want to marry, then you'll have to find a sponsor for an employment visa. With a bachelor's, you'll qualify for an EB-3. Finding a job will be difficult. Good luck.

3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Illinois on
Q: Is signing a I bond the same as booking Is there a difference in terms of record

What is the difference between signing a of bond speed ticket,and going to prison, taking fingerprints, and photographing? Are the two considered the same?

Theodore J. Harvatin
Theodore J. Harvatin answered on May 5, 2020

Completely different.

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1 Answer | Asked in Immigration Law for Illinois on
Q: I thank all the lawyers on this site who are interested in helping people

If a person is charged with a breach of aggravated speed and resolved in court as a petty ofense and supervision is given, will this affect the renewal of the work permit because she has a pending asylum. And she signed i bond, will this arrest affect her in the future

Robert Roy Klein
Robert Roy Klein answered on May 4, 2020

2 misdemeanors or 1 felony disqualifies someone for an EAD based on asylum. The arrest and conviction will come up in the asylum interview and in court. Keep all records, including arrest, police, court, disposition, and finishing any program and paying any fine that the judge ordered.

3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Does misdemeanor affect pending asylum request, and this misdemeanor increases in aggravated speed

If plea gulity occurs in another question like obtstruct drive view 1st and 2 second, will the second offense still affect the immigration status?

Drew Elesh
Drew Elesh answered on Apr 12, 2020

First you should have an experienced and competent attorney to improve your probability of success in the asylum process.

Attorneys understand what evidence and arguments work and statements and testimony that is harmful to a grant of asylum.

As for an arrest or conviction you may...
Read more »

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2 Answers | Asked in Immigration Law for Illinois on
Q: My L1A visa will expire in June 2020. Assuming COVID restrictions continue- will I get a temporary extension?

EB1 I-140 approved, but waiting for PD(India)

Adan Vega
Adan Vega answered on Apr 7, 2020

Your employer should timely file the FORM I-129L prior to expiration of your L-1A status. If you are not eligible to extend your current status in that you have reached the statutory limit for L-1A status, you may be able to request another status if the COVID -19 crisis persists and you are not... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Can someone from China still come to the US on an immigrant visa despite the covid travel ban?

My family member from China was supposed to immigrate to the US with an immigrant visa in early February but their flight got cancelled and they could not get another flight until after the travel ban was already in place. I am unsure if the travel ban applies to them or not. Their current flight... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 25, 2020

It is likely they wouldn’t even be allowed to leave China, given the comprehensiveness of travel bans. It is hard to say when they will be allowed to come. Their visas should be good for six months, but if they are not allowed to travel, and the visas are getting close to expiring, they should... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: Can I get a new job if my Green Card is expired? I'm not sure that I can get an i-551 stamp before my job starts.

Can I provide other proof instead? Such as a social security number and an id?

Adan Vega
Adan Vega answered on Mar 20, 2020

You can apply for a job position with a prospective employer by submitting a valid driver’s license and an unrestricted social security card at the time the prospective employer presents you with the FORM I-9. You will need to indicate that you are a permanent resident on the FORM I-9.... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Hello, what documents are required in Chicago to marry an undocumented immigrant?

I'm a US citizen and my girlfriend of 7 years is an undocumented immigrant. She came to the US on a visitor visa with her parents when she was 14 and has never left the country. we are just trying to figure out where to get started. what documents her or I would need to get married since she... Read more »

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

If you don’t have the necessary documents that USCIS needs, there are substitute documents that can be submitted. Every case is unique so each submission would vary from case to case. Retain counsel anywhere in the USA for representation. Some of us charge a very affordable flat fee ; and will... Read more »

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1 Answer | Asked in Public Benefits and Immigration Law for Illinois on
Q: U.S. Citizen receiving food stamp and medicaid. How does that affect AOS for her husband?

I am student here in the US. I will be getting married to my Girlfriend in a month. She is a US citizen and receives food stamp and medicaid. How does that affect my AOS based on new public charge rule. I have never taken any public benefits nor I am a beneficiary in any of public benefits.... Read more »

Drew Elesh
Drew Elesh answered on Feb 29, 2020

Under the new public charge form you will have to disclose those public benefits . It is one of many factors .

2 Answers | Asked in Immigration Law for Illinois on
Q: Should i send a second copy of my naturalization certificate after sending I-130 with the certificate not signed?

I have applied for I-130 for my parents and send all the paper but i noticed that my naturalization certificate was not signed by me. Should i send them another copy as an addition that is signed or wait till they send a notice for further evidence or sth?

Kevin L Dixler
Kevin L Dixler answered on Feb 20, 2020

It makes no difference at this point. Wait for a decision to approve, request additional evidence or deny.

The above is general information, not legal advice, and does not create an attorney client relationship.

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3 Answers | Asked in Immigration Law for Illinois on
Q: How much is the immigration process
Stephen Arnold Black
Stephen Arnold Black answered on Feb 15, 2020

More facts are needed. Please be more specific.

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1 Answer | Asked in Immigration Law for Illinois on
Q: I came to the United States 30 years ago on a work visa but I didn’t complete the program

How can go about returning to Jamaica

Drew Elesh
Drew Elesh answered on Feb 15, 2020

You can return to Jamaica at any time. You will be subject to a 10 year bar if you overstated your visa for more than 12 months. That is an automatic bar which is imposed when you depart the United States.

So you could reapply for either an immigrant visa or non immigrant visa at any time...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: What to do to bring my kids here before they receive immigration status.

Here is my situation, i came here with my husband , we got our green card through my son who is a citizen, i still have 4 other kids ages 21,20,17 and 12 who are in Israel. I need to bring them here, my son already applied for them as brothers relationship but it takes many years of wait time to... Read more »

Adan Vega
Adan Vega answered on Feb 10, 2020

Your 4 children who are abroad will have issues to enter the U.S. with the B-1/B-2 visas if they are intending immigrants to the U.S.

At this time, you, as a U.S. resident, can file the FORM I-130 on their behalf if they are single and unmarried. The Visa Bulletin for February 2020...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Are there exceptions to the rule that children of parents with a H1 visa would age out at age 21, if child is disabled?

The parents have H1 visas, the child has a H4 visa. The child is diagnosed with an intellectual disability.

Drew Elesh
Drew Elesh answered on Jan 30, 2020

The child can change from H-4 to another visa category. There are other nonimmigrant visas such

as F-1. The child could also pursue lawful permanent residency independent of the parents' H1-B.

Essentially the child will not keep the H-4 status upon his/her twenty first birthday...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to know the process of obtaining green card for my mom who has been living in the U.S for most of her life

I would like to obtain a green card for my mom who is currently living in the US. I am 25 and married. My mother has been in the US for more than a little more than 26 years. I would like to know the process and the possibilities of getting her a green card.

Stephen Arnold Black
Stephen Arnold Black answered on Jan 24, 2020

Are you a US citizen? If so, then you may have a case. Discuss with counsel.

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1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: Needed free advice will appreciate your time and honest answer

Need to know 2018 i have been arrested by police in 2 hearing my case was dismissed my record is still on website i can see it cant sponge because it need 5 years more im married now i keep this situation secret from anyone now im filling immigration form to be immigrant as 5 .5 years already... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 14, 2020

You commit perjury which is a Federal crime if you knowingly withhold a fact when requested. You also disqualify yourself, because hiding an arrest is a material misrepresentation according to the USCIS. This can result in denial and an actual reason to disqualify you. Your fears are more of a... Read more »

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