What can I do to get a work authorization card or adjustment of status?
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answered on Sep 26, 2023
If you were denied DACA (Deferred Action for Childhood Arrivals) due to a DUI conviction in Illinois, your options may be limited. DUI convictions are generally considered significant misdemeanors under DACA guidelines, which could disqualify you. You might consider seeking a post-conviction relief... View More 
Hi, I start University in Chicago In January. I'm currently a Sweden resident and have a ESTA visa waiver. I want to travel to the US 30 days before my student visa date. AND I want to visit the US for about 3 months before my student visa. So if I were to do this I've heard I would have... View More
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answered on Sep 24, 2023
You can enter the US on the ESTA Visa Waiver Program before the start date of your F-1 student visa. However, if you plan to exit and re-enter the US on your F-1 visa, border officers will assess your intent upon re-entry; rapidly re-entering could raise suspicions about your intentions. While... View More
Hello, I've recently been accepted into a university in Chicago for the spring of 2024. The thing is I haven't received my I-20 form yet so I can't start my student visa application just yet. I should have it by the end of the week hopefully. But I'm planning on visiting my... View More
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answered on Sep 21, 2023
It's generally not advisable to enter the US on a tourist visa or visa waiver with the intent to change your status to a student visa while in the US. It's best to apply for your student visa through the US Embassy or Consulate in Sweden as per the standard process. Attempting to change... View More
answered on Sep 15, 2023
There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.
An accidental taking of property--for... View More
If a J-1 visa falls of status due to shortening of the program, and its J-2 dependents are already enrolled in a public school (say kindergarten), would they still be allowed to attend during the 30 days grace period given to leave the country?
answered on Aug 22, 2023
J-2 dependents can no longer study during the 30-day grace period. They may remain in the U.S., but must exit before the grace period ends.
As a Canadian citizen, am I allowed to establish an LLC in the US and get paid via 1099 instead of W-2? I would be in contract with a US-based sponsor for my TN visa of course. Based on what I read, I cannot sponsor myself using an LLC that I establish in the US, but I would not be doing that.
answered on Aug 13, 2023
If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.
Creating a company can cause confusion as to whether you are engaged in employment... View More
If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More
answered on Aug 9, 2023
If the respondent did not attend the hearing, then most likely the judge ordered the respondent removed in absentia. If the respondent qualifies for a motion to reopen based on lack of notice, there would be an automatic stay when the motion to reopen is filed with the immigration court. However,... View More
If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More
answered on Aug 13, 2023
I agree with my colleague. You must first determine whether you can argue that you did what was necessary to sustain a motion to re-open. Some are disqualified even if they missed their hearing date.
The automatic stay only applies when the motion to re-open awaits review at the Immigration... View More
If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More
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answered on Aug 6, 2023
Providing false information to USCIS can result in the denial of your adjustment of status application and may also lead to findings of fraud or misrepresentation. If a denial is issued, you have the option to file a Motion to Reopen or Motion to Reconsider with USCIS or to pursue an appeal with... View More
If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More
answered on Aug 1, 2023
If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.
It seems like the adjudicator was giving you a chance. Your... View More
I am filing I-130 for my brother. He was denied entry to US after getting B1/B2 visa with his family a month ago at ORD airport and were made returned to their birth country on the same day. Immigration officers at the airport said you do not have enough finance to stay in the US and your returning... View More
answered on Jun 20, 2023
Immigration proceedings means that the person received a notice to appear before an Immigration Judge at Immigration Court (or EOIR aka Executive Office for Immigration Review). The denial of your brother's tourist visa does not appear to have placed him in immigration proceedings as he never... View More
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
answered on May 30, 2023
You can ask for assistance from your congressional representative, there is usually a tab on the congressional rep’s website for help with a federal agency. You can locate who to contact on this website: https://www.house.gov/representatives/find-your-representative
As you have not yet... View More
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
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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
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
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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... View More
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
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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... View More
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?
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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... View More
I am a resident since 2007 and want to help my family (daughter ) from CHILE.
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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... View More
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
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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... View More
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
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
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
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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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