Illinois Recent Legal Answers from Lawyers

Some individuals on B-1/B-2 visas have been able to change to work permits (some sooner than others), but that depends upon the particulars of the individuals’ situations. You may wish to consult with a lawyer experienced in immigration law. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Fast tracking is very difficult to do in light of USCIS 's stringent requirements for expediting. You can track I-130 processing times by accessing the published processing times of USCIS and the online status system of the agency. Both can be accessed from the agency directly or through our website homepage at www.alanleelaw.com. If you filed the petition online instead of paper filing it, you can access your online account and go to the myProgress tab, which gives you a more personalized experience with tracking your I-130 petition. Please note that if you are sponsoring both of your parents, you need separate I-130 petitions. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The timeline for dividing assets and finalizing a will can vary depending on numerous factors, including the complexity of the estate, the presence of disputes or challenges, and the efficiency of the legal process. While there is no set time that universally defines "too long" for the division of assets, it is desirable for the process to be completed in a reasonable amount of time. If it has been three years and the finalization of the will is still pending, it may be a good idea to consult with an attorney who specializes in estate administration and probate law in the state of Illinois. They can review the specifics of the case, assess any potential delays or obstacles, and provide guidance on how to proceed. They may be able to offer advice on expediting the process or resolving any outstanding issues to ensure the timely distribution of assets according to the terms of the will. Consulting with a local attorney who is familiar with Illinois law will provide you with the most accurate and relevant information for your situation.... Read Answer

We are not involved in family law, but the determining factor in divorce actions and custody is generally what is in the best interest of the child. Your being the principal visa holder could be a factor in that consideration. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Whether your arrest by Immigration agents 32 years ago will affect an immediate relative petition for you may depend upon the relevance of your being in the US at the time, and any further actions taken by Immigration and you following your arrest. Generally, anyone who is arrested by Immigration has an “A” file. If you are truly worried and know the A number, you can request a copy of your file under the Freedom of Information Act. If you do not know the "A" number, you can still request your file, but USCIS may be unable to locate it. Fingerprints stay in the system for a long time, and I recall once where an ICE attorney waltzed into court one morning on a case in which we had already had multiple hearings and held up another “A” file containing derogatory information on the client from 10 years ago. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If your work permit expires in June 2023, you will still have to renew it. USCIS has a policy for automatic extension of 540 days where the employment authorization application is pending because USCIS has many times exceeded an applicant’s legal time before reaching the application for adjudication. In the past, USCIS gave an automatic 180 day extension, but even that was many times not sufficient time for the adjudication. Therefore, the new automatic extension time is 540 days to allow USCIS to make the adjudication and at the same time allow the individual to continue working in the interim. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If you are adjusting to permanent residence in the US, a current passport is generally not required. However, if you will be undergoing processing for such at an American consulate or embassy, an unexpired passport is required. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

An applicant who is sponsored for immigration has an obligation to make the US the country of permanent domicile. Failure to at least initially come and establish a permanent residence in the US (spending a period of time initially in the States) makes the green card statuses of the dependents insecure and subject to challenge. If your brother first enters the US and stays here for a period of approximately six months, it would make it much harder for DHS to challenge the dependents' statuses even if your brother's green card is taken away at some later point for no longer maintaining status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You need to review the mortgage loan documents to see what remedies both the lender and your boyfriends heirs are entitled to upon the passing of the borrower. Additionally, you need to file to become executor of his estate, which then would give you the authority to renegotiate the terms of the loan so the heirs can assume said loan. If these attempts are not acceptable to the lender, then they may just sell the home to recover the balance remaining on the note. You need to bring all the paperwork with you including but not limited to the will, the loan agreement and a market appraisal of the home etc and speak with an estate planning lawyer for advice and representation.... Read Answer

Assuming you are US Citizen or Green Card holder, your fiance shouldn’t have a problem adjusting her status to that of a Green Card Holder, even if her F-1 visa is revoked. However, if you are not a US Citizen, it would be best to talk to an immigration attorney before withdrawing.   Alternatively, she should look into taking some time off (leave of absence) from school or transferring to a school in your new location, which should help preserve her status as an F-1 visa holder.    I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

As you did not provide your home County, we an only state that we are aware of 3 ways to stop a garishment, namely: 1.   Via payment in full (or an agreed negotiated lesser amount). 2.  Appearance in the suit asserting the funds are protected by statute from garnishment.  There are limits to the amounts that can be taken and their source, which may be exempted.  This is a matter to discuss with a knowledgeable attorney. 3.  A Bankruptcy.  Either a Chapter 7 (traditional Bankruptcy) or a Chapter 13 (Wage earner's repayment plan) can be used.  It is also possible for a Subchapter V B or a Chapter 11 filing.  The differences can be explained by an attorney.  Depending on your County, the specific District for any filing will be set.  For example, although our office is in Will County, our coverage federally is LaSalle, Grundy, Kendall, and Will Counties.... Read Answer

As you did not state where the property lies, the suggestion is to contact that County's Bar Association. A local attorney familair with the Judge and the lender's attroney should be retained. If they are like the Will County Bar, a referral system is in place to allow you to speak with an attorney familiar with such cases. It may be that, by retaining an attorney early, another Modification Application can be sent  directly to the Lender [or Servicer] that will, hopefully, be sucessful and avoid any foreclosure being filed.      ... Read Answer

I do not believe that it makes much difference which EAD you will be using. You are authorized to work under your STEM EAD and that is not revoked by your applying for adjustment of status and obtaining employment authorization (C )(9) on the basis of that. However, please note that the STEM EAD is tied to the field of your degree while a (C )(9) EAD is open market and can be used for any employment. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

There isn't enough information here to answer the question. Sometimes, recanting will lead to the charges being dismissed. Sometimes, it won't.  If you're in court, the best course of action is to tell the truth at all times regarding what happened. If there are specific facts and circumstances that require a consultation, then you should contact an attorney. ... Read Answer

More information is needed.  Is the visa petition approved by USCIS?  What country of citizenship/nationality does he have according your petition for him?  Note that it doesn't matter if he is married unless his lawful permanent resident parent also petitioned him. It seems like you can benefit from a consultation with your current attorney or a second opinion to discuss how this visa petition works and whether he should eventually identify new derivative beneficiaries, if any.... Read Answer

The I-94 can be corrected by the CBP, but you may need to hire a competent immigration and visa attorney to assist with the process at this point.  Our office, among others, work with the CBP to amend I-94 entry cards.  You can try to report to the airport where you were admitted to request help, or the local CBP Field Office, but it can be challenging to get a CBP Officer's attention.... Read Answer

More information is needed.  A consultation is best.  How old are the twin daughters?  What exactly are they diagnosed with? How do they rely upon your ex-husband; their father?  Do either of his parents have a green card or U. S. citizenship?  There is no 'consistent' way to truly expedite an immigration matter based upon the public's expectation unless the petitioner is dying, perhaps.  However, there are certain facts that can be used to seek a 'more expedited' decision. He may have been voluntarily returned to Mexico rather than deported, so I would consider a FOIA request to the proper office to double check.  Does he have a copy of the deportation order, if any?  Getting photographed and fingerprinted may not mean that he was ordered removed or summarily excluded. In some situations, where there is no final deportation order, and enough evidence, he may consider seeking non-permanent resident cancellation of removal. However, a discussion about actions and risks should be undertaken.  You may call if you desire.... Read Answer