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Illinois Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: My ceremony is in 4 weeks. Should I answer "Yes" or "No" on question 4 on the Notice of Oath Ceremony (form N445)?

Q4 on form N445 says:

"Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"

Facts:

- I got a $164 traffic ticket three weeks before the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2022

I recommend doing the following:

Obtain a court certified traffic citation disposition from the clerk of the county court where the matter was adjudicated (completed). Disclose that traffic citation and attach a copy of the certified court disposition with all conditions met (fine paid) on...
Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: can i sponsor my dad for a green card if he’s getting deported back after a misdemeanor?

he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: I-912 got rejected ( fee waiver)

I recently submitted a i-912 with my i-90 but it got rejected. My reason is that my card got lost or stolen ( they sent it to my old address). My criteria is that I am below poverty.

USCIS is asking for evidence such as Tax returns and pay stubs. But I just moved to the US and I am cant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

1. You have to update the address within ten days of moving by way of submitting AR-11 online and by mail to each respective USCIS facility as directed. That way the card would be delivered properly.

2. The USCIS may, at its discretion, reject granting a fee waiver for certain reasons...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Immigration Law: Leaving and entering the US on an H1b visa after marrying a US citizen.

I am currently in the US on an H1b visa. I will be marrying a US citizen in the US soon. Can I leave and return to the US after the marriage on my H1b visa without applying for a marriage-based green card? Do I need to inform USCIS of the marriage? My H1b visa stamp will be valid during this time.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

You need to be extremely careful.

You must notify the USCIS of your marital status change to a USC in writing.

Naturally, you may depart and be admitted to the United States during the duration of your H1B visa validity, however you must give honest answers regarding your marital...
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1 Answer | Asked in Immigration Law for Illinois on
Q: I-130 processing time if filed while husband was in process of removal

Backstory. We filed the form I-130 back in April '19. I was a green holder at that time, my husband is in process of political asylum, waiting for the court date, which is not set yet, so he is in process of removal. So it's almost 3.5 years since we filed i-130 and it's still... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

1. You have to contact the USCIS in writing to UPDATE the pending I-130 requisites that WILL place its consideration into a different category (sponsored by a USC) to expedite its completion.

2. Also, it makes sense to reach out to tier II live manager at the USCIS toll free number (prepare...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Documents to show proof of US citizenship?

I’m applying for the N400 form after marrying a US citizen (and obtaining green card through marriage). My husband was born in China but was adopted by US citizen parents. He has a US passport but no naturalization documents. Can he use his adoption papers or US passport to show proof that he is... Read more »

Agnes Jury
Agnes Jury
answered on Aug 6, 2022

Passport AND adoption documents may be enough to prove citizenship. If it is not, USCIS will send a Request for Evidence and you can do a Freedom of information act (FOIA) request to USCIS for a copy of his naturalization certificate. Best wishes!

3 Answers | Asked in Immigration Law for Illinois on
Q: I just became a US citizen after marriage. I would like to sponsor both my parents that also live in the US.

The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?

Adan Vega
Adan Vega
answered on Jun 4, 2022

As a U.S. citizen, you can file the FORM I-130 for each of your parents. If your parents lawfully entered the U.S. then the FORM I-485 can also be filed with USCIS. The U.S. citizen petitioner will have to also file the FORM I-864 with the adjustment of status process. If your income is... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Does immigration reuse your biometric after four years when they denied the case, my friend remarry

and her husband filled for her, she received a notice that the USCIS want to reuse her past biometric

Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Illinois on
Q: I am currently a full time employee at Amazon so is there is a way to get a green card through the employer?
Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Is someone can apply for the citizenship who has misdemeanor charges and one year observation?

I am in living in this country more than 7 years and my arresting date time is more than 3 years till now. Am i eligible for applying the us citizenship thanks

Kevin L Dixler
Kevin L Dixler
answered on May 19, 2022

If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.

Also, if you have not yet become a...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Can immigration reuse your biometric after four years

Good morning, pls I will like to ask a question

Does immigration reuse your biometric after four years?

My friend apply with her ex husband, and thier case was denied, she remarry and her husband filed for her and got an mail that state that, uscis with reuse her pass biometric,... Read more »

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2022

If the first case was denied, the it is possible that the second USC husband is disqualified from filing a form I-130 petition as a matter of law. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation before there are any other... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: i need help with what documents i need to provide with my i140
Kevin L Dixler
Kevin L Dixler
answered on May 9, 2022

The form I-140 is used for most forms of employment based immigration. That means that the documentation needed will depend upon the category, but more importantly whether you qualify. Too often, applicants are denied, who lack the qualifications, required certifications and/or verifiable... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: I want to apply for my parents green card i am us citizen. I dont have employment so can i qualify to apply if i dont

Have a source of income for my affidavit of support to show . Can i show my husbands salary in the affidavit of support?

Agnes Jury
Agnes Jury
answered on May 6, 2022

You need to complete the affidavit of support (I-864) and you can use your husband's income in your affidavit BUT he will also have to complete and sign the Household Member Contract (form I-864A). Best wishes!

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1 Answer | Asked in Immigration Law for Illinois on
Q: I am a us citizen.. i am planning to apply for my parents green card but i am not employed to show income.

Can i show my husbands salary as affidavit of support in application

Agnes Jury
Agnes Jury
answered on May 6, 2022

In order to use your husband's income he would have to complete and sign the household member's contract (form I-864A). https://www.uscis.gov/i-864a. Best wishes!

1 Answer | Asked in Immigration Law for Illinois on
Q: What happens when you file i129f and the beneficiary move to another country, can we transfer the case?

I filed for K1 visa august 2021 and since USCIS processing times keep increasing , my fiance is planning to go to Canada on a student visa so it will be easy for us to meet each other often. What happens to our i129f process when he move to Canada? He is originally from Sri Lanka.

Kevin L Dixler
Kevin L Dixler
answered on Apr 5, 2022

Your husband may want to return to Sri Lanka for consular processing. It is challenging to transfer consular processing to Canada once the I-129F petition is filed and approved. The time frame for such transfers can prove frustrating to applicants.

2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Can I sponsor my husband whom is an immigrant, on section 8? I am working and may meet the income eligibility level

I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Apr 5, 2022

Means tested benefits can disqualify applicants for immigration. Section 8 Vouchers are an issue. You must earn enough at 125% of the Health and Human Services poverty levels to petition your husband. If you, as the petitioner, accept vouchers, then this can be a challenge upon discovery.... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Is it okay to accept a job on H1B visa where the job is 100% remote?

I'm originally from India. Have been in US for more than 9 years. I live in Illinois. I've been working working for a company in Illinois (say Company A) with an active H1B and an approved i140 (priority date May 2021). I got an offer from a company B in San Francisco. The job can be... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Feb 18, 2022

First, you cannot work for a new employer unless the H1-b application is filed and you have a substantially similar position. That means that employer B seems to be violating the law by insisting that you work one month before it will consider filing what it is supposed to file before you begin... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can you apply for an immediate family green card while having a different-category green card pending?

Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 2, 2022

Yes.

If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, U-visa approved 2016. 485 applied2021 April, got travel documents. Entry 2006 with C1D visa, is it OK to travel now?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 11, 2021

I would wait for getting an approval of lawful permanent residency status, then placing a stamp called I-551 in your foreign national valid passport, or applying for a reentry permit for lawful permanent resident form I-131 before your travel abroad.

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