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Illinois Immigration Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

1 Answer | Asked in Immigration Law for Illinois on
Q: If have a problem with filing the application N-400?

the guy who filed the N-400 for citizenship did a mistake by clicking on NO on question #15 who asked if I have been in military training ?

Iam an Iraqi came to United States by SIV visa ,so when I went to the interview for the citizenship, but I tried to correct at the officer office .It... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 25, 2018

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...
Read more »

1 Answer | Asked in Immigration Law for Illinois on
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

3 times before at the embassy with is ex wife for visiting visa. They were denied, they divorced. We just meet and now i want to bring him. I dont know maybe it will affect me bring my husband to USA

Iskra Panteva
Iskra Panteva answered on Oct 17, 2018

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.

1 Answer | Asked in Immigration Law for Illinois on
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

after his arrival we can apply for Adjustment of Status considering 90-day rule?

Iskra Panteva
Iskra Panteva answered on Oct 5, 2018

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.

1 Answer | Asked in Immigration Law for Illinois on
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?

Details:

I was on H1B visa till Nov, 2017 (my i94 was also valid till Nov 2017). In Oct 2017, I filed for H1B extension. In May 2018, I got RFE on H1B extension and my employer suggested me to apply for H4 COS. So, in June 2018 I applied for COS to H4 and H4 EAD together. Now, H4 and H4... Read more »

Iskra Panteva
Iskra Panteva answered on Oct 5, 2018

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.... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Do you have any idea around the success rate (approvals) for the category 11-1021.00 – General and Operations Managers?

While checking on the FLCdata site. This particular category is listed as “Education & Training Code: 4-Work experience, plus a bachelor’s or higher degree”, I have been working for a large asset management firm for about 10 years. Transferred to the US on L1B on a specialist role... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 2, 2018

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... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Can you get married to an illegal immigrant in Illinois?

My boyfriends visa expired and he chose to still stay in the US. We want to get married but I’m not sure if we can because he’s illegal. And how would this affect his being able to get PR(permanent residency) will he still be able to? Or will he have to go back? We are trying to find a way so... Read more »

Iskra Panteva
Iskra Panteva answered on Sep 15, 2018

Yes. You can get married to an illegal immigrant, and he can pursue immigration benefits. For more information, you should contact an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Illinois on
Q: If I have an asylum status pending, can I apply for a green card employment based?
Farrah Qazi
Farrah Qazi answered on Sep 12, 2018

If you are applying for asylum in the United States, and have no other basis for staying here legally, then you must wait until your asylum case is approved before applying for a green card (U.S. lawful permanent residence).

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