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Illinois Immigration Law Questions & Answers

1 Answer | Asked in Immigration Law for Illinois on

Q: I came in F1 visa and I violated the visa and now i wanna if marry a citizen girl that my violation will effect ?

Does my violation will prevent me to get my citizenship or they will punish me in any process in the future? Will they prevent my citizenship?

Stephen Arnold Black answered on Aug 6, 2019

If a person enters the US legally, and overstays his/her visa and then marries an American citizen, that person can adjust status to obtain a green card, despite the visa overstay. The issue as to "violating your visa" needs more clarification. Call counsel to discuss.

1 Answer | Asked in Immigration Law for Illinois on

Q: hello my name is Dawn Hill and I want to bring my future husband from Nigeria how do I start the process

Stephen Arnold Black answered on Jul 25, 2019

Hi Dawn....Assuming you're a US citizen, and your future husband (fiance ) is in Nigeria, you should retain counsel to take the case from start to finish to make sure the case is processed without delays and without problems. Some of us charge very affordable flat rate fees. Discuss. Counsel in any... Read more »

2 Answers | Asked in Immigration Law for Illinois on

Q: Conditional GC holder but have to divorce. What should I do about my GC?

I am married to US Citizen for little over 2 years and I have conditional GC.

He started to be very mean, he insults me, doesn't want to work, always have some excuse. He is often in a bad mood and in that case he says such a bad things to me. Even though I am the one supporting us in each... Read more »

Svetlana Kats answered on Jul 16, 2019

While you still married, collect all documents showing that your marriage is bona fide( real marriage). Same documents that you have collected for your marriage interview. After your divorce, immidiately file removal of condition on residency application based on bona fine marriage exemption to... Read more »

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1 Answer | Asked in Immigration Law for Illinois on

Q: Is there a legal way for an Australian citizen to permanently immigrate to the US?

I have a girlfriend in Australia who wants to come to the US permanently to work with me on several internet business adventures. We do not want to marry at this time and she has no family on the states. Is there a path for her to immigrate here? Please let me know.

Thank you

Iskra Panteva answered on Jul 12, 2019

Yes. There are several ways for Australians to come over and work on temporary or permanent basis. We will need some additional information on the business and her qualifications in order to establish eligibility. So, contact an experienced immigration attorney to help you out.

2 Answers | Asked in Family Law, Immigration Law, Business Law and Medical Malpractice for Illinois on

Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?

I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »

James G. Ahlberg answered on Jul 9, 2019

This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »

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1 Answer | Asked in Immigration Law for Illinois on

Q: Is booking H1b and F1 visa at the same time in a different time line is not a good idea? Different answers from lawyers

Hi. I have called three lawyers about this. And I paid them consultation fee. Lawyer A : It is okay to book two at the same time, but you need to prove that you don't have immigrant intent to get Student(F1) VISA. Also, if you did not get F1, it would not affect for your H1b visa interview because... Read more »

Kevin L Dixler answered on Jul 2, 2019

The proper questions may have been avoided. The issue is what do you want to do; study or work? It should be one or the other for the purposes of the visit. If you apply for something that ‘you don’t need’ at this time, it can be denied. It can also reasonably draw suspicion.... Read more »

1 Answer | Asked in Immigration Law for Illinois on

Q: Should we marry in the US or Mexico?

I am a US citizen and I have a Mexican fiance who lives in Mexico. I am moving to Mexico with her. Should we get married in the US or in Mexico to prevent any Visa issues when we come visit the us in the future? She currently has tourist visa and has visited in the past.

Hector E. Quiroga answered on Jun 25, 2019

The US will recognize any marriage that is valid within the jurisdiction within which it is performed. Mexico recognizes civil marriages performed before an official of civil registry but not religious ones.

3 Answers | Asked in Estate Planning, Immigration Law, Tax Law and Admiralty / Maritime for Illinois on

Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.

Tom Evans answered on Jun 24, 2019

Sorry, but this does not sound like a maritime question. Also, the naming in issue did not come through. Please try trademark and copy write experts. Thank you and best regards. Tom Evans Maritime Lawyer Please see Justia disclaimer.

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1 Answer | Asked in Immigration Law for Illinois on

Q: How long can I stay in the USA after my H-1B gets rejected (currently on Cap-GAp OPT I-20)?

I am on my F1 visa - OPT Cap Gap extension. My OPT STEM extension expires on July 07, 2019.

My company applied for my H-1B visa application this year and I got my H-1B visa picked in this year's lottery. it is still under process, not approved yet. Therefore, I have a Cap-Gap I-20 valid... Read more »

Hector E. Quiroga answered on Jun 20, 2019

File it at any time. There is no deadline for filing, though you should file before current status expires.

2 Answers | Asked in Employment Law, Family Law and Immigration Law for Illinois on

Q: Could my parents sponsor me a green card when I am maintaining OPT status?

I am currently on OPT and will start my H1B this October 2019. My parents have recently gotten a green card and I am curious If they can sponsor my green card so I can stay in the US to get the procedure completed.

Any help would be highly appreciated and I would like to start the... Read more »

Kevin L Dixler answered on Jun 11, 2019

More information is needed, but it may help provided you are eligible to file for adjustment 'before' your H-1b expires or is terminated due to resignation or termination. I strongly recommend an appointment with a competent and experienced immigration attorney, who can review all of the concerns... Read more »

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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 »

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