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Illinois Immigration Law Questions & Answers
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
Syed Ali Hussain Lahooti
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 ?

James L. Arrasmith
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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 ?.

James L. Arrasmith
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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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1 Answer | Asked in Immigration Law for Illinois on
Q: Hello, my family member is currently held at ICE Detention Center. Should I hire a lawyer now or just for the ICE proces
James L. Arrasmith
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answered on Dec 4, 2023

It's advisable to consider hiring a lawyer as soon as possible in situations involving ICE detention. An attorney experienced in immigration law can provide valuable guidance and support throughout the entire process, not just at specific stages. They can help you understand the complex legal... View More

1 Answer | Asked in Immigration Law and Tax Law for Illinois on
Q: I'm on F1 visa and going to my country for a break can I work on my college project and get paid while Im ?

I'm a F1 visa holder and i am currently outide US for winter break. I came a week ago to my home country and will go back next month to US. Can I work on my college's web development project. I will get paid based on hours for this project, but this project is a part of my college's... View More

James L. Arrasmith
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answered on Nov 22, 2023

Regarding your F1 visa status, the key aspect is whether the work qualifies as Curricular Practical Training (CPT) or Optional Practical Training (OPT). Since the project is part of your graduation requirements, it might be considered as CPT. However, you must have authorization from your... View More

2 Answers | Asked in Employment Law and Immigration Law for Illinois on
Q: I have a company that operate in IT consulting . When hiring h4 ead shuld I submit any forms with Labor or USCIS???

Planning to hire H4Ead candidate

James L. Arrasmith
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answered on Nov 18, 2023

When hiring an individual on an H-4 EAD (Employment Authorization Document), your company generally does not need to submit any forms to the Department of Labor or USCIS specifically for their employment. The H-4 EAD allows the holder to work for any employer in the United States without the need... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: I was arrested by ICE in 2020, released on bond and been waiting over 4 years to have a court hearing

I've been living in the U.S. for more than 23 years. I came here legally on a visitor visa, but I ended up overstaying it. I have five children who are U.S. citizens. Originally from the Gaza Strip, In 2020 when my girlfriend reported me to ICE. I was arrested, Judge released me on bond.... View More

James L. Arrasmith
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answered on Jan 30, 2025

Waiting for a court hearing for over four years can be frustrating, especially when you have lived in the U.S. for more than two decades and have U.S. citizen children. Since you were released on bond, your case is still active, and the delay might be due to the backlog in immigration courts.... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: A friend just learned 24 years ago he was deported/in absentia order, but never got the letter to appear. Can he reopen?

Request for asylum was denied.

James L. Arrasmith
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answered on Jan 7, 2025

Your friend may have options to reopen his case through a "Motion to Reopen" based on lack of notice, which could potentially overcome the time limitations typically associated with in absentia removal orders.

The success of reopening would largely depend on proving he never...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply to Citizenship if I told my first divorce judge a lie? My wife abandoned me. She took children with her.

During my first marriage, I lived with my wife and 2 children. I am a geologist so when I was out of town, which was frequently, my wife had affairs and at least one abortion that I know of as a result of those affairs. This happened in Mexico.

When we arrived in the US, she told me that... View More

Caridad Pastor
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Caridad Pastor
answered on Jan 1, 2025

Thank you for your question. I’m not clear about the lie you told the Divorce Judge. That’s crucial to see if it would affect t your citizenship. The other is when the lie occurred. The lie must be somehow relevant to your immigrant status and it must be material. Also sometimes USCIS uses... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi ive been elgible for naturalization for a long time 15+yrs

I was arrested when i was 18 (32 now) for a marijuana pipe in a car of 5 others who would not attest to it being one of theirs and i as the driver was held as the responsible party. However the case was nolle proseqi before i ever had to attend court. Will i have issues applying for naturalization.

James L. Arrasmith
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answered on Dec 29, 2024

Your past arrest for a marijuana-related incident where the case was nolle prosequi generally means that the charges were not pursued further. This outcome is often viewed more favorably during the naturalization process compared to a conviction. Since the case did not proceed to court, it may have... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: I RECIVED I-797C 2YEARS AGO BUT I DONT ANY LETTER FROM NVC WHAT I HAVE TO DO?

I HAD PETTITION JUNE 2022

James L. Arrasmith
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answered on Dec 26, 2024

If you received your I-797C Notice of Action in June 2022 and haven't received any communication from the National Visa Center (NVC), you should take action to check your case status.

First, verify that USCIS has approved your petition by checking your case status online using the...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Can I travel to Puerto Rico with an expired F1 visa and a valid i-20?

My F1 visa expired and I haven't had the chance to renew it yet, but my i-20 is valid for the duration of my study (which is 2 more years). I also have a US ID. I want to travel to PR for a conference in January, but I’m worried about possible complications.

James L. Arrasmith
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answered on Dec 23, 2024

Since Puerto Rico is a U.S. territory, you can travel there with your valid I-20 and U.S. ID without needing a valid F1 visa. The expired F1 visa only becomes relevant when entering the U.S. from abroad - Puerto Rico is considered domestic travel, similar to flying between states.

However,...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Can GC holder remain outside the U.S. for more than one year if I-131 reentry is filed but hasn't been approved?

My father received a green card through my sponsorship. He arrived in the U.S. but had to return to his home country for over a year to wrap up some important matters. He applied for an I-131 travel/re-entry permit in January 2024, provided his fingerprints, and left the U.S. in mid-February 2024.... View More

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answered on Dec 1, 2024

Your father should return to the U.S. before reaching the one-year mark abroad, even with a pending I-131 application. Staying outside the country for more than one year without an approved re-entry permit could result in USCIS considering the green card abandoned, regardless of the pending... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to do door dash with my visa status, i have i-485 processing with pending EAD, am i allowed to do the dash

I didn’t get my EAD yet but have approved I-140.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 28, 2024

Your EAD must be approved before you can do Door Dash

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1 Answer | Asked in Immigration Law for Illinois on
Q: My brother have green card 10 years but expired on 11/12/23 ? He can boarding the plane ?

My brother have green card 10 years but expired on 11/12/23 ? He can boarding the plane ? Now he live in Thai about 5 years how he can comeback to USA thank you

James L. Arrasmith
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answered on Oct 21, 2024

Your brother will likely face challenges boarding a plane to the USA with an expired green card. Airlines typically require a valid green card or visa to allow boarding, so he may be denied boarding without a current document.

Since he has been living in Thailand for about five years, his...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Cuando USCIS deniega el asilo, ¿tiene obligación de de devolver el pasaporte con la notificación?
Caridad Pastor
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Caridad Pastor
answered on Oct 16, 2024

La mayoría de las veces, USCIS pasa la aplicación de asilo a la corte de inmigración y en ese caso no tienen obligación de devolver su pasaporte porque usted sigue en el proceso de asilo.

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