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COVID-19 Illinois Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Illinois on
Q: Can I go back to my country without completing my EOS process? I overstayed because of Covid-19.

I overstayed here in America due to Covid-19 but I filed and EOS before the expiration of I-94. I am just worried that I won't be able to comeback here in the U.S. without the EOS decision

Ify Princess Ikeakanam
Ify Princess Ikeakanam
answered on Jun 12, 2020

Hello. Yes, if you have an extension application pending, it is possible to travel without abandoning the application. This is different from Adjustment of status, where leaving the U.S. will result in abandoning the application, resulting in a denial. Moreover, COVID 19 is a worldwide pandemic and... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Using medicaid or other health insurance benefits while on a tourist visa and pregnant.

My wife and I came to visit my parents in January, but due to the COVID-19 pandemic, we have been unable to return back to China. I am an American citizen and my wife is a Chinese citizen with a 10 year tourist visa, allowing her to stay six months at one time. She is also soon to be 8 months... View More

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

Due to current changes in the definition of who is a public charge, such a decision may indefinitely bar her from ever getting an immigrant visa. This, even if she is married to you. The new rules have been challenged in the 7th Circuit which covers Illinois. Yet, the outcome of that case is... View More

1 Answer | Asked in Family Law and Immigration Law for Illinois on
Q: Canadian fiance wants to come to US to marry me, does not ever plan to live in the US. Does he need a K-1?

I'm a US citizen. He's a Canadian citizen. We had hoped for a small ceremony in March, then pandemic. We plan to apply for my PR in Canada and live there.

Kevin L Dixler
Kevin L Dixler
answered on Jun 11, 2020

In general no, but the purpose of his visa can create challenges, because there is a legal presumption that all applicants for admission have immigrant intent. He must overcome that presumption, if challenged. If he identifies the purpose of his visit, the CBP can reasonably presume that he has... View More

2 Answers | Asked in Immigration Law for Illinois on
Q: Can a conditional green card holder apply for unemployment Insurance or if they’re self employed apply for PPP ?

During this pandemic I lost my earnings as a self employed uber driver and I am on a conditional green card

Drew Elesh
PREMIUM
Drew Elesh
answered on May 14, 2020

Yes you paid into the state unemployment fund and as an LPR you are entitled to those benefits you paid into. It will not negatively impact any application to become a U.S. citizen . Other benefits like Medicaid can be problematic for those without a greencard yet. So you should apply.

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2 Answers | Asked in Immigration Law for Illinois on
Q: My L1A visa will expire in June 2020. Assuming COVID restrictions continue- will I get a temporary extension?

EB1 I-140 approved, but waiting for PD(India)

Adan Vega
Adan Vega
answered on Apr 7, 2020

Your employer should timely file the FORM I-129L prior to expiration of your L-1A status. If you are not eligible to extend your current status in that you have reached the statutory limit for L-1A status, you may be able to request another status if the COVID -19 crisis persists and you are not... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Can someone from China still come to the US on an immigrant visa despite the covid travel ban?

My family member from China was supposed to immigrate to the US with an immigrant visa in early February but their flight got cancelled and they could not get another flight until after the travel ban was already in place. I am unsure if the travel ban applies to them or not. Their current flight... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 25, 2020

It is likely they wouldn’t even be allowed to leave China, given the comprehensiveness of travel bans. It is hard to say when they will be allowed to come. Their visas should be good for six months, but if they are not allowed to travel, and the visas are getting close to expiring, they should... View More

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