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Illinois Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Illinois on
Q: I applied for OPT but i didn't use it. I'm getting 2nd master and OPT as well, is there any way I can do OPT this time?

I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 15, 2021

You may select an immigration attorney of your choice to discuss your legal options directly in a conversational format.

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2 Answers | Asked in Immigration Law for Illinois on
Q: I applied for OPT but i didn't use it. I'm getting 2nd master and OPT as well, is there any way I can do OPT this time?

I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 16, 2021

The USCIS places a 12 month limit per degree level on OPT, but there is no stipulation that the whole 12 months must be used at once. This means that if visa holders do not use their entire 12 month period during their first Master’s degree, however many months they have not used can be applied... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: If you overstay your esta by two days because you took a second covid vaccine, is it possible to get a tourist visa

the individual lives in Japan and was visiting chicago. While in Chicago she took the moderna vaccine in february and the second vaccine in March. Unfortunately there were no flights leaving for Japan until two days after she had the second vaccine. It was important to take the vaccine here... Read more »

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2021

More information is needed. Was she denied a B2 visa last June? Or simply told that she couldn’t apply?

ESTA is/was possible, but confusion may have created a record that may invalidate the privilege to use ESTA.

As a result, I strongly recommend a teleconference with a competent...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Subject: Enter the US on Advanced Parole while h1b extension pending

Hello,

Greetings!

I'm in the US on a H1B visa and recently received a green card EAD + AP card. My H1B extension is pending. Can I go out of the country and get back using my Advanced Parole card and continue to keep my H1B visa?

Thank you.

Kevin L Dixler
Kevin L Dixler answered on Oct 11, 2021

These are more subtle areas of law, regulation, and DHS discretion. You can choose to abandon your “pending H1b extension,” where your adjustment was timely filed and you qualify. There may be other consequences without more information best disclosed in private.

Although the question...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi there my wife's a green card holder & I live in United states already I'm from Yemen & my status here is ( TPS )

Can my wife applying for me to get a green card & which form should be to fill form I-130 or I-485

note : I entered to USA with F1 visa then my visa is broken after that I applied for ( TPS ) for Yemen

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 9, 2021

No.

You need to wait until she naturalizes to petition for you.

2 Answers | Asked in Immigration Law for Illinois on
Q: I had a green card for 2 years because I got married. After 2 years I applied for form I751. It is taking a long time.

Why is it taking it taking such a long time to process?

Agnes Jury
Agnes Jury answered on Oct 4, 2021

If your Petition is taking longer than the current processing time then you can submit an inquiry to USCIS.

See: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Best wishes!

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1 Answer | Asked in Immigration Law for Illinois on
Q: Will I need a 601A waiver?

Im a DACA recipient before the age of 18 and have renewed ever since, without leaving the country ever. I’m looking to go through consular processing because I entered without inspection. Do I need to file a 601A waiver even though I haven’t accrued any unlawful presence? Thank you so much.

Kyndra L Mulder
Kyndra L Mulder answered on Oct 3, 2021

If you remained in the United States after the age of 18 for any period of time over 6 months you acquired unlawful presence and you need a waiver. DACA does not cure unlawful presence, it defers action on the unlawful presence.

1 Answer | Asked in Immigration Law for Illinois on
Q: This person is here in the United States seeking for asylum because in his country he was kidnapped. He is arrested

He is arrested for entering the home of the ex wife and beating up the boyfriend. This person has schrizopenia and PTSD and since he is alone in this county he wasn't taking the medication. He has been hospitalized for this reason. IF he returns to Mexico his life in danger. this is what... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 14, 2021

You presented an asylum case on merits that has collateral procedural history and at the very least a few state criminal charges pending against him (criminal home invasion, criminal trespass, domestic battery or aggravated domestic battery). All of those are crimes of violence and trigger the... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: Do Former Asylees Seeking Citizenship need attorney at interview for visiting home country twice (parents sick )

Hi. My spouse and me are former religious Asylees. Now need to file for N-400. We traveled twice to home country due to severe illnes of father and mother in law and they passed away. our stay were 30 and 40 days long.

We have reports of illness and some pictures of staying at safe place... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

Yes. I strongly suggest you have an experienced attorney prepare your Applications for Naturalization, prepare you for the interview, and attend the interview.

The possibility of never seeing family again or not being able to be there when they pass is a tough consideration when making the...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Is traveling risky after divorced and I-751 being processed? I’d just have expired Green Card and I 797-C.

Can I travel outside the US during i-751 pending with I-797 C Notice of action (Divorced). I’m concerned because at the port of entry my separation would be an issue or interrogation.

Kyndra L Mulder
Kyndra L Mulder answered on Jun 23, 2021

In general, you will not be admitted back into the USA with an expired green card unless you have been granted an extension.

3 Answers | Asked in Immigration Law for Illinois on
Q: Permanent resident for 42 years applying for the US Citizenship with an arrest record. Can you help?

I want to apply for the US Citizenship. I am a Permanent Resident for the last 42 years. I was arrested about 50 years ago in Calumet City, IL, south-west suburb of Chicago. The FBI database shows the following information about my arrest:

1-ARRESTED OR RECEIVED 1971/07/21... Read more »

Ayensa Millan
Ayensa Millan answered on Jun 7, 2021

Yes, we can help her request these records.

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1 Answer | Asked in Gov & Administrative Law and Immigration Law for Illinois on
Q: Can I renew my license with an N400 letter for an interview when I do not have my green card? (Illinois)

Background: Due to miscommunication, we lost our green card and have had to appear in court numerous times (we thought the renewal then was denied, turns out we just didn't get it) until in 2019 when a judge ruled that we are permanent residents. Our lawyer then advised us (to which the judge... Read more »

Agnes Jury
Agnes Jury answered on May 27, 2021

This is a question for the Secretary of State (DMV) as they set the requirements for documents needed to renew DL. Best wishes!

2 Answers | Asked in Immigration Law for Illinois on
Q: Soy ciudadana americana.. me fui a Guatemala y me casé, tengo un hijo de 5 años y me los quiero traer legalmente a Usa

Como le puedo hacer para traérmelos legalmente a Usa? A mi mamá la deportaron hace 10 años, ya cumplió su perdon de 10 años y quisiera pedirla también.. que tengo que hacer para traerme a los 3 legalmente a Estados Unidos? A mi esposo e hijo y a mi mamá.. por favor alguien que me ayude!!

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 26, 2021

Es posible a traer las tres personas. Pero necesita a hablar con un abogado, especialmente por su mama. Por su esposa y su hijo hay un documento a completar se llama el "I 130". Buenas suerte

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1 Answer | Asked in Immigration Law for Illinois on
Q: Marriage based Green Card: Adjustment of Status or Consular Processing?

Hi, I am currently on an H1B visa and I recently got married to a US citizen. We are in the process of filling out forms I-130 and I-130A. I also recently got accepted into a Master program in Europe and will be leaving the States in September. Should we be filling out the paperwork for an... Read more »

Agnes Jury
Agnes Jury answered on May 26, 2021

Adjustment of Status requires you to have your biometrics (fingerprints & photo) taken IN the USA and you cannot leave the US before a decision is reached on your application UNLESS you are granted Advanced Parole. It is highly unlikely that you would be able to have your biometrics appointment... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: is there chance to be granted for asylum if immigration court date postpone second time and Gov attorney doesnt appear?

asylum case refered to immig court but court date postponed an other unknown date

Adan Vega
Adan Vega answered on Mar 27, 2021

If your case has been referred to court you now must present your asylum application, evidence and testimony before a judge who will issue a decision on the merits of the case.

The fact that your court appearance date has been postponed does not indicate that your case will be successful....
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2 Answers | Asked in Immigration Law for Illinois on
Q: I passed my immigration test. I have to travel on May 4 but have not received naturalization yet. Green card expired.

I am leaving on May 4 and have to go. I passed Feb 24. My green card is expired. How do I travel?

Adan Vega
Adan Vega answered on Mar 22, 2021

You should be administered the naturalization oath first and then proceed to obtain your U.S. passport before you travel abroad.

If your travel is an urgent matter you can request a U.S. federal judge to administer the oath. You will have to explain the urgency to travel abroad....
Read more »

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1 Answer | Asked in Immigration Law and International Law for Illinois on
Q: Hello, I applied for post completion OPT one month ago. However, I realized that I forgot to answer the question 14

In the I-765 form, which asks whether I want to get a social security number. But because I have a number, I answered question 13 and gave my number. Because I sent the form without answering one question, I am worried about my approval. Do you think that will USCIS deny my application? What should... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 13, 2021

If the USCIS accepted an application in which you answered a question with another question, it should approve the application. That is, unless there are other defects.

1 Answer | Asked in Immigration Law for Illinois on
Q: Are international students allowed to rent their things as a secondary, passive source of income?

I know international students under an F1 visa are allowed to own and rent property in the US and they are also allowed to earn passive income through stocks. So I was wondering if international students, under an F1 visa, are allowed to rent their things especially when they are not in use or to... Read more »

Agnes Jury
Agnes Jury answered on Mar 11, 2021

If your income comes from Employment then you are subject to the F1 student employment restrictions (see: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment). However, if your income is passive (i.e. when the earner expends little effort to... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: I got update on my I-129 F , saying that Department of State sent back my case to USCIS for review. What does it mean?

My petition was approved on December 9, and I received approval notice from USCIS one week later. A few days ago I contacted NVC about my case and they told me that my case isn’t in their system. So I decided to check my case status on USCIS, just in case. I was surprised and frustrated because... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 3, 2021

There was a ban on non immigrant and immigrant visas until the recent proclamation revoking former President Trump’s executive order. The National Visa Center had no other choice, but to send it back. However, there is now hope.

I strongly recommend an appointment with a competent and...
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2 Answers | Asked in Divorce and Immigration Law for Illinois on
Q: My spouse filed for divorce without telling me, he got my stimulus check and refused to give it to me. What do I do?

We have been having problems for a while now, I got my Green card a few months ago and last month, I got divorce papers from his lawyer. I didn't even know he was filing for a divorce. He got my stimulus second stimulus check last month and refused to give it to me but he's still... Read more »

Martin A. Delaney III
Martin A. Delaney III answered on Feb 19, 2021

Morning, please contact our office to set up a 30-minute free consultation.

Our # is 847-705-8000.

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