Illinois Immigration Law Questions & Answers
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.
Kelli Y Allen's answer
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.
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.
Q: In Form I-130, do I need to write beneficiary's name and address in their native language?
Hector E. Quiroga's answer
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.
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.
Q: I am on F1 student visa in the USA since 2015 and now want to apply for asylum. Can I do that?
Deron Edward Smallcomb's answer
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.
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.
Q: My H1b got some issues and my spouse has a GC. Which visa option is best for me? Tourist / Student / Dependent?
Deron Edward Smallcomb's answer
You should contact an experienced immigration attorney and discuss in further detail. You have more than one option here.
You should contact an experienced immigration attorney and discuss in further detail. You have more than one option here.
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
Iskra Panteva's answer
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 person with extraordinary ability, transferee or researcher/ professor.
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 person with extraordinary ability, transferee or researcher/ professor.
Q: Hey! I wanted to ask if I can apply for adjustment of status through marriage.
Kelli Y Allen's answer
No you cannot do that. Hire an experienced immigration lawyer to help you navigate the process.
No you cannot do that. Hire an experienced immigration lawyer to help you navigate the process.
Q: Green Card holder (through EB2) apply citizenship question
Allen C. Ladd's answer
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 you fulfilled your commitment to your EB2 employer.
Just be completely truthful on your N-400 application, in all respects.
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 you fulfilled your commitment to your EB2 employer.
Just be completely truthful on your N-400 application, in all respects.
Q: I filled for naturalization (am married to us citizen for 3 years) How do I file for my kids.
Allen C. Ladd's answer
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 Form I-130 for each of them ... but before you do, I recommend you contact an immigration lawyer for an appointment so you can see if it will be possible for them to complete the process.
*...
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 Form I-130 for each of them ... but before you do, I recommend you contact an immigration lawyer for an appointment so you can see if it will be possible for them to complete the process.
*...
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
Kevin L Dixler's answer
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 with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
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 with a competent and experienced immigration attorney before there are any more complications.
The above is general information, not legal advice, and does not create an attorney client...
Q: Anything wrong with having two H1B petitions and a Green Card petition at a time?
Hector E. Quiroga's answer
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 awaiting adjudication of the green card.
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 awaiting adjudication of the green card.
Q: Need help to bring my Wife & Kid to US with H4 extension(Wife have a past bench warrant)
Hector E. Quiroga's answer
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.
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.
Q: Will green card application be rejected and my SO deported??
Peter N. Munsing's answer
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 with him?
I strongly advise you to get (without him at first) a consultation with a member of AILA or an attorney who is certified as an immigration specialist under the Pennsylvania Court...
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 with him?
I strongly advise you to get (without him at first) a consultation with a member of AILA or an attorney who is certified as an immigration specialist under the Pennsylvania Court...
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's answer
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 assistance, then make an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.
The above is general information, not legal advice, and does...
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 assistance, then make an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.
The above is general information, not legal advice, and does...
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's answer
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.
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.
Q: If have a problem with filing the application N-400?
Hector E. Quiroga's answer
One of the reasons applicants for certain benefits have interviews is to make sure all information on the forms is correct. If you let the adjudicator know that the answer was incorrect on the form, that is not grounds for denying your application.
It is hard to say why it has been three months and no oath ceremony. Depending on your jurisdiction, it could simply be a scheduling issue. Ceremonies are filled on a first come, first served basis, so if you are from a large city it might...
One of the reasons applicants for certain benefits have interviews is to make sure all information on the forms is correct. If you let the adjudicator know that the answer was incorrect on the form, that is not grounds for denying your application.
It is hard to say why it has been three months and no oath ceremony. Depending on your jurisdiction, it could simply be a scheduling issue. Ceremonies are filled on a first come, first served basis, so if you are from a large city it might...
Q: I just married my husband. I want to bring him to USA. Am a green card holder. But my husband as went for an interview
Iskra Panteva's answer
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
Q: My husband is on tourist visa in the USA. We have been married for 8 years, 2 kids. I would like to know how soon
Iskra Panteva's answer
In general, after 90 days. However, you need to discuss your situation with an experienced immigration attorney as this is not a common situation and the details of every case are different.
In general, after 90 days. However, you need to discuss your situation with an experienced immigration attorney as this is not a common situation and the details of every case are different.
Q: Am I in legal status when i94 expired, H1B extension in process and then applied for COS to H4 which is also in process?
Iskra Panteva's answer
While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases. However, make sure that you have an experienced attorney on your side.
While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases. However, make sure that you have an experienced attorney on your side.
Q: Do you have any idea around the success rate (approvals) for the category 11-1021.00 – General and Operations Managers?
Hector E. Quiroga's answer
It’s going to depend a great deal on how well your company makes your case. If it can truly show that you are the only one that can the job, training shouldn’t matter over experience or vice versa. The only way to know for sure the chances would be to consult with an attorney in your area familiar with employment immigration and the need for employees like you in their area.
It’s going to depend a great deal on how well your company makes your case. If it can truly show that you are the only one that can the job, training shouldn’t matter over experience or vice versa. The only way to know for sure the chances would be to consult with an attorney in your area familiar with employment immigration and the need for employees like you in their area.
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