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Illinois Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Illinois on
Q: Green card pending

Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... View More

James L. Arrasmith
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answered on Jun 1, 2023

Yes, you can do a few things. A general rule of thumb from USCIS (US Citizenship and Immigration Services) when it comes to pending cases is to wait for 120 days before asking for updates. However, it has been over 15 months since your interview and there has been no update from USCIS. You can:... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: If my K1 visa wife was denied adjustment of status for fraud

My wife came over from China in Nov 2019, we were married and received a deny for adjustment of status in September 2022 for previous tourist visa fraud attempts before we met. I asked her to go back to china and let us start over to be in compliance with USCIS, she got angry and left me, now I... View More

James L. Arrasmith
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answered on May 16, 2023

In cases of divorce and property division, the laws vary depending on the jurisdiction and the specific circumstances of the case. It's important to consult with a family law attorney who can provide advice based on the laws of your jurisdiction.

However, it's worth noting that in...
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2 Answers | Asked in Immigration Law for Illinois on
Q: USPS delivered my I-485 on April 3, 2023 and since than i have yet to receive any receipt nor has USCIS cash my check??

USPS delivered my I-485 on April 3, 2023 to elgin lockbox and since than i have yet to receive any receipt nor has USCIS cash my check?? I am here on K1 visa, got married and applied. My I 94 expires May 20, 2023 and want to make sure if we do not receive anything from USCIS this would cause a... View More

James L. Arrasmith
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answered on May 16, 2023

I understand your concern about not receiving any receipt or confirmation from USCIS regarding your I-485 application. It's important to ensure that your application has been properly received and processed within the expected timeframe. Here are some steps you can take:

Track your...
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2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Im an Italian citizen, want to marry Illinois prisoner.

I would travel to Centralia as a tourist for a few days, and I absolutely don’t want to apply for a Green Card after the wedding, since I still want to live in my Country.

Can you tell me what do we need to know and to do in order to make this happen?

James L. Arrasmith
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answered on May 16, 2023

To marry an Illinois prisoner as an Italian citizen, there are several steps and considerations to keep in mind. Here's an overview of the process:

Research marriage laws: Familiarize yourself with the marriage laws in Illinois, as they may have specific requirements or restrictions...
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3 Answers | Asked in Immigration Law and Adoption for Illinois on
Q: Need help with for I 135 petition for my daughter?

I am a resident since 2007 and want to help my family (daughter ) from CHILE.

James L. Arrasmith
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answered on May 16, 2023

To petition for your daughter through Form I-130, you can follow these general steps:

Determine eligibility: As a lawful permanent resident (green card holder), you can file an I-130 petition for your unmarried child over the age of 21. Make sure your daughter meets the eligibility...
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4 Answers | Asked in Immigration Law for Illinois on
Q: If I wanted to bring my wife to the U.S. from Sweden. Could she stay in the U.S. while her green card is processing?

I am a U.S. citizen and my wife is a Swedish citizen. We are both in Sweden currently but I’m heading back to the U.S. soon so I would like to bring her with. We have a child together and our child is a US citizen as well

James L. Arrasmith
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answered on Apr 29, 2023

If you are a US citizen and you want to bring your Swedish wife to the US, you can apply for a marriage-based green card for her. While her green card application is being processed, your wife may be able to stay in the US on a K-3 visa or a CR-1/IR-1 visa.

A K-3 visa is a nonimmigrant visa...
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4 Answers | Asked in Immigration Law for Illinois on
Q: If I wanted to bring my wife to the U.S. from Sweden. Could she stay in the U.S. while her green card is processing?

I am a U.S. citizen and my wife is a Swedish citizen. We are both in Sweden currently but I’m heading back to the U.S. soon so I would like to bring her with. We have a child together and our child is a US citizen as well

Stephen Arnold Black
Stephen Arnold Black
answered on May 3, 2023

A US citizen can sponsor a foreign national spouse, who entered the United States legally, for her green card. If the spouse enters the United States on ESTA or a tourist visa with the intention to remain permanently, then that would technically be an immigration violation. However, If she entered... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: How do I apply for a lost green card, if I’ve lost my wallet with all of my ID’s?

I lost my wallet with all my ID’s except my passport that has my maiden name on it. To file for a lost green card it says I need 2 picture ID’s. i’ve called the immigrations office for help but it goes to an automated help center that can’t answer how to help me. I can’t seem to get ahold... View More

James L. Arrasmith
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answered on Apr 18, 2023

If you have lost your wallet with all of your ID's except your passport, you may still be able to apply for a replacement green card. You will need to gather as much documentation as possible to prove your identity, such as a birth certificate, driver's license or state ID, and any other... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: I lost my wallet with all my ID’s except my passport that has my maiden name on it. To file for a lost green card it say
James L. Arrasmith
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answered on Apr 18, 2023

If you have lost your wallet containing your green card and all other forms of identification, you will need to take certain steps to obtain a replacement. First, you should report the loss to the police and obtain a copy of the report as evidence. Then, you will need to file a Form I-90,... View More

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2 Answers | Asked in Employment Law, Immigration Law and Tax Law for Illinois on
Q: Who do I talk to to determine my state residency if I split time between two locations?
James L. Arrasmith
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answered on Mar 29, 2023

If you are unsure about your state residency status because you split time between two locations, you may want to consult with an experienced tax professional or attorney who can help you determine your residency status.

Factors that may be considered when determining residency status...
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2 Answers | Asked in Immigration Law for Illinois on
Q: While filling form N-400, question is about me Were your parents married before your 18th birthday, my answer is yes.

Second and third question is father and mother US citizen, they are citizen since 2010 while I was 35 years old. They are not citizen by birth nor before my 18th birthday.

If I answer yes to second and third question in form, it says you must be a us citizen as your parents are us citizen.... View More

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answered on Mar 29, 2023

If your parents became US citizens after you turned 18, then you should answer "no" to the second and third questions in Form N-400. These questions are asking about your parents' citizenship status at the time of your birth, not their current citizenship status. If you answer... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: While filling form N-400, question is about me Were your parents married before your 18th birthday, my answer is yes.

Second and third question is father and mother US citizen, they are citizen since 2010 while I was 35 years old. They are not citizen by birth nor before my 18th birthday.

If I answer yes to second and third question in form, it says you must be a us citizen as your parents are us citizen.... View More

Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

If you must answer the questions without an attorney, then carefully read and re-read all of the questions. Some questions are meant to be skipped. If you make a mistake, then you can complicate processing and cause a wrongful denial of the application.

Some believe that it is too...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply for citizenship after 3 years while my I-175 is pending?

Hello,

My marriage-based green card was set to expire in December 2022 so I submitted I-751 to remove conditions on residence in November 2022. I received a mail from USCIS which stated that my green card validity had been extended for 24 months, then received a second mail that it had been... View More

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answered on Mar 29, 2023

According to USCIS, if you are married to a U.S. citizen, you may apply for naturalization after being a permanent resident for 3 years, as long as you meet all the eligibility requirements. However, the fact that your I-751 is pending may affect your ability to apply for naturalization.

If...
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2 Answers | Asked in Immigration Law for Illinois on
Q: My I485 approved on 03/8 and yet to receive GC.Will I be allowed to re-enter US on my AP received prior to I485 approval
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answered on Mar 29, 2023

If you have a valid Advance Parole (AP) document, you should be able to re-enter the US after traveling abroad, even if your I-485 has been approved but you have not yet received your Green Card. The AP document allows you to travel and re-enter the US while your adjustment of status application is... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: My I485 approved on 03/8 and yet to receive GC.Will I be allowed to re-enter US on my AP received prior to I485 approval
Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

What you will be allowed to do varies based upon CBP discretion. Your advanced parole is no longer valid, since you were approved and are now a lawful permanent resident. If you were represented by an attorney, then seek that attorney's advice. If not, you ought to pay for an appointment... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: My I485 approved on 03/8 and yet to receive GC.Will I be allowed to re-enter US on my AP received prior to I485 approval
James L. Arrasmith
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answered on Mar 29, 2023

If you have a valid Advance Parole (AP) document, you should be able to re-enter the US after traveling abroad, even if your I-485 has been approved but you have not yet received your Green Card. The AP document allows you to travel and re-enter the US while your adjustment of status application is... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Questions about criminal charges in the US naturalization form N400

I received a noise violation citation for playing loud music at my BD party. I pled guilty and paid the fine of $250. How should I answer the following "yes/no" questions in the US naturalization N400 form:

1- Have you EVER committed, assisted in committing, or attempted to... View More

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answered on Mar 2, 2023

If you were not arrested, you can answer "No" to the first question.

Since you were issued a citation for the noise violation, you should answer "Yes" to the second question.

Since you pled guilty and paid the fine for the noise violation, you should answer...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Move from an H1B to an EAD while my GC process is underway, will doing so affect my GC process?

I am writing to inquire about the impact of switching from an H1B visa to an Employment Authorization Document (EAD) on my green card process. My green card process is currently at the Prevailing Wage Determination stage and is being sponsored by my employer. However, I also have a pending asylum... View More

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answered on Feb 25, 2023

Generally, switching from an H1B visa to an EAD while your green card process is underway should not have a negative impact on your green card application. However, it is always advisable to consult with an experienced immigration attorney who can evaluate your specific situation and provide... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: Can my wife sponsor my parents and brother if I’m not currently working? If so how much income does she need to have?

I just became a US citizen. I am currently not working. Can my wife sponsor them? Also how much income does she need in order to sponsor all 3 of them? My wife and I do not have any children.

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 6, 2023

A US citizen can sponsor their foreign national parents for green cards. A US citizen can also sponsor his or her brother, but that would not be considered an immediate relative petition. A brother sponsoring a brother would take roughly a dozen years before his visa became available. Your wife can... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can my wife sponsor my parents and brother if I’m not currently working? If so how much income does she need to have?

I just became a US citizen. I am currently not working. Can my wife sponsor them? Also how much income does she need in order to sponsor all 3 of them? My wife and I do not have any children.

James L. Arrasmith
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answered on Feb 26, 2023

Yes, your wife can sponsor your parents and brother for a family-based green card, but she will need to meet certain financial requirements to be able to sponsor them.

To sponsor your parents and brother, your wife will need to file an Affidavit of Support (Form I-864) with the US...
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