Illinois Recent Legal Answers from Lawyers

It will be important for both of you to attend the interview together. You may also discuss the challenges that you both have. If you plan or have obtained counseling, then this may help. If you have an attorney, you should advise the attorney of what was done. If you don't then you should hire one and have them present at the interview on Tuesday. ... Read More

If you entered the marriage in good faith, but he left you, then this can be a challenge for you. It would have been wise to take advantage of the 90 day period to get to know your fiance a bit better. You did not have to marry him. Now, that you have married him, he may try to file for adjustment of status. However, it is unclear if your unwillingness to file the form I-864 will stop him. You can file for divorce, where you believe that there are irreconcilable differences. He is not a lawful permanent resident until the USCIS has approved the adjustment of status. That is an additional step, which he has yet to undertake. It is unclear if he will ever take further action. Many make mistakes at this stage, so it is possible that he will create complications, even if you do nothing. In general, he will not be a high priority at USCIS, if he has not committed a criminal offense, but you can complain, if you wish. If you properly complain, then if he tries to forge your signature on a form I-864, then the USCIS will be on notice. That means it will be in a better position to accuse him of fraud if he gets desperate by not properly processing his paperwork. However, you cannot revoke a K-1 fiance visa once the fiance is admitted into the U. S. Good luck.... Read More

It seems likely that your 'baby daddy' committed a crime against you. It is called aggravated sexual assault, sexual abuse of a minor or statutory rape. You are presumed to be unable to appreciate the consequences of your decision to consent due to your age. Now, you are forced live with those consequences. It is unclear whether you have considered adoption or guardianship. The immigration laws are more often very harsh against people like your baby daddy. If you have parents, then they should consider the options that exist with police and/or a competent and experienced immigration attorney. Perhaps, he should spend some time behind bars thinking about the hardship that he will put you through as a result. He should never be allowed to do this, again.... Read More

Things that happened before your mother died is going to be difficult because she can claim it was given to her by mom. Unless someone has a way to prove it didn't happen or that she unduly influenced her to give it to her, then the likelihood of a successful claim is low. As for after mom?s death, you?ll have to check the owner of the property. If she owns it because it was transferred to her before mom?s death, you are back to the first question. If not, then you have a good chance at getting proceeds from that sale provided that there wasn't a will or trust saying it went to that sister.... Read More

Your wife may have a workers' compensation case, due to the fact that the doctor says that her injuries are work related. It is important to consult with an attorney immediately, since there is a time limit for filing a workers' compensation case. If your wife wins the case, the insurance company for her employer would have to pay for all of the reasonably related medical bills, her time off from work, and for a settlement bases upon the severity and permanence of her injury.... Read More

More information is needed. What country are you from? Is your spouse, if you have one, a citizen of another country? These questions make a difference, because certain countries have overextended themselves and applicants from those countries must wait longer. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before matters get more complicated. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

Yes, but the challenge is that there is a new note, call it a discretionary decision, in the Foreign Affairs Manual. If he marries you within 90 days of entry on visa waiver ESTA, he will be presumed to have committed non-immigrant visa fraud. It is a Trump invention. You are arguably much better off marrying in Scotland in the future. In addition, there are other issues that can complicate your lives. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before taking any further action.... Read More

You need to decide whether you want to allege ID theft. Normally they will want you to agree to prosecute the culprit. But that will get the case dismissed. If you are being sued by the original creditor and do not claim ID theft, they may be able to prove a case. If it is a debt buyer, they may not. You should consult an attorney who handles such cases.... Read More

While the requirements for actually becoming married are determined by the laws of the location where the marriage takes place, the requirements related to entry into the U.S. and becoming a Permanent Resident (getting a "Green Card") based upon the marriage are determined by U.S. federal immigration laws. Under U.S. immigration laws there is no requirement for a specific period of time for dating before a U.S. citizen may apply for a fianc?e visa to enable a foreign national to enter the U.S. for the purposes of becoming married within the required time, and then applying to adjust status to become a Permanent Resident. If you were to first become married overseas, note that there similarly is no requirement for a specific period of time for pre-marriage dating before eligibility for consular processing to enable the spouse to enter the U.S. and become a Permanent Resident. Of course, there are many other details that determine eligibility. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

If you inherit property subject to a security interest, like a mortgage, that property can be used to pay the debt, but you are not personally liable. Since the mortgage on the house is already in arrears it is unlikely that you can stop the foreclosure action by merely paying off the arrearage. You will have to refinance the entire mortgage. This will require the estate to distribute the property to you. If you receive other assets from the estate, assets that could have been liquidated and used to pay creditors of the estate, then those creditors can follow the assets and seek to have the assets turned over or they could attach and sell the assets to pay the estate debt. You would not be personally liable for the estate debts but you cannot receive an estate distribution if the estate owes money to creditors.... Read More

No. The child should be deemed an orphan before going through adoption and further visa processing in the U. S. You may have to live with the child for two years in the child's home country, or lawfully outside the U.S., unless the child can be proven 'not' to have immigrant intent for the purposes of a non-immigrant visit. Otherwise, the B2 visitor or F1 student visa must be denied as a matter of law. There is also a law that requires a presumption of immigrant content that must be rebutted and overcome by the applicant for a non-immigrant visitor visa. This does not seem possible. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.... Read More

It will generally be up to an American consular officer as to whether the H-4 visa is issued. The illegal stay will be considered, but should be mitigated by the fact that you were a minor with your parents. Also the nature of an H-4 visa is one that has less discretion to deny since it is one that does not require nonimmigrant intent. Other visas are more susceptible to denial such as B-2 visitor and F-1 student which do require that intent. Such an interview may hinge more on the bona fides of your marriage to the H-1B and looking at the bona fides of the H-1B position and your spouse's qualifications for the job.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 More

The only person who can revoke your son's POA is your son. But your son can not give you a POA for his son. Anything regarding the custody or control of your grandson must either be by agreement of their parents or an order of court. Your con did not have to sole right to give you any control over your grandson.... Read More

Even though you travelled on advance parole, you may have triggered the 3 year bar if you overstayed your I-94 6 months or longer.  I would have to analyze your timeline more closely.  You would need a waiver for it or wait the 3-years.  Let me know if I can be of service: ehart@hartimmigration.com; (714) 447-1282 is my direct line.... Read More