Illinois Recent Legal Answers from Lawyers

You do need an attorney.  We are precluded from accepting cases in the manner you initiated.  As such, the answer is YES: you need to defend the suit and negotiate a favorable outcome and with an attorney, this is more likely to result. The suggestion is that, since foreclosure pracetice varies from county to county, a local attorney with foreclosure experience be consulted.  Your local bar association is a good place to inquire for a referral.  You can then "google" the name(s) given and review their sites as to experience, FAQs, and the like.  An appointment can then be set with the attorney of your choosing; and you may also be able to speak with that attorney prior to your meeting. Please be sure to note, in any conversation, that the matter has been filed and there is pending the Court date.  ... Read More

The answer to the question is no - you do not have to choose.  In my experience, some blanks can be left in the Petition. However, there are a couple of questions raised.  First, you should know whether or not a debt is disputed; one would also think you would know about contingent or unliquidated claims.  That you do not appears to be a red flag as to your ability to complete the BK Petition and Schedules.  This document is signed under penalty of perjury and jail is a risk.  This goes to the larger question: is a bankruptcy lawyer needed? The suggestion is that a consultation be conducted.  An attorney should be contacted with your local bar association as a good starting point.  Any questions regarding debts, assets, and/or income can then be addressed.  A review with a knowledgable attorney is highly recomended as this petition and the resulting process is rather complex.  It may be that this is a simple matter for which an attorney is not required, but the consultation should occur.  Although you are wished good luck, the Abraham Lincoln rejoinder does, however, come to mind - "an individual who represents himself has a fool for a client."  ... Read More

A US citizen sponsor can file the immediate relative petition, to bring a spouse over to the US. The Service requires that the sponsor fill out an affidavit of support showing sufficient assets or income so that if the relative becomes a public charge, that the sponosr will then be responsible  his expenses. You can qualify based on either income or assets. If you do not qualify based on neither, you can find a third party to do a joint sponsor with. Its best if you retain counsel to guiode you through the process... Read More

Generally, a U.S. citizen aged 21 or older may sponsor parents living in the U.S. to adjust status to become Lawful Permanent Residents (to get "Green Cards") if the parents entered the U.S. lawfully and with inspection (such as with a visitor's visa). This is true regardless of whether the parents may have overstayed their initial visa and regardless of whether the U.S. citizen child may be pregnant. If the U.S. citizen child does not have sufficient documentable income to meet the requirements for her family size (including her sponsored parents and, if the Citizen's child is born before the adjustment of status is concluded, then including that baby too), then it may be necessary to include a joint sponsor in the application process. Generally, a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated by the Affidavit of Support. Of course, many other details can determine eligibility for immigration benefits. It would be wise for you and your parents 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. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.... Read More

If you have fallen out of status, then you must ask the correct department for reinstatement or seek some other means to reacquire your F1 student visa status. There are limited reasons to get reinstatement, so many are denied. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

In order to avoid abandonment, you must permanently reside (physically live) in the U. S. If you have been out of the U. S. for more than a year or most of the time, then this will cause complications. Replacement of the permanent resident card should be done while residing in the U. S. To do otherwise, can cause complications, where no effort was made to secure a valid and unexpired re-entry permit before departure. I strongly recommend a teleconference with a competent, ethical and experienced immigration attorney before there are more complications.... Read More

Your ICE detention should show up on an FBI Check, but not with State of Illinois State Police. If you have a valid employment authorization card, then it should not be an issue. I strongly recommend an appointment with a competent and experienced immigration attorney if you have any further questions.... Read More

No, not for a while, if at all, if you worked while in the U. S. on a tourist visa. There may also be other complications, such as overstaying your I-94 departure deadline. I strongly recommend an appointment with a competent and experienced immigration attorney before there are more complications.... Read More

The issue is whether he even has lawful permanent resident status. If you are still waiting for the first interview, then there may be issues, so you should seek an appointment with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

More information is needed. The US CAS has the right to question the applicant about a marriage, we're marriage is the basis for filing. Those who are married for less than five years, who file for naturalization can be asked for additional evidence of the marital relationship. The USCIS always has the right to rescind greencard status if it believes that the marriage was entered into solely to obtain a green card. If you have any questions, I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.... Read More

More information is needed. We will need to review your record at the border. If you have illegally re-entered as a matter of law, then you can be banned from becoming a green card holder. The ban may require you to prove that you are outside of the country for more than 10 years. However, more information is needed, which will require additional research with the DHS. I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney before there are more complications.... Read More

The choice is yours, but the last arrest, and perhaps conviction, may complicate matters. You can lose quite a bit of money if you are denied. You may not get another chance to apply, again, if DACA is denied. This means that you may want to start using an attorney as a result. This 'may' be considered a significant misdemeanor depending upon the examiner's discretion. Good luck.... Read More

If your spouse is already a claim lawful permanent resident status for more than five years, then she can apply for naturalization. However, some applicants have violated the terms of their permanent resident status. As a result, I strongly recommend an appointment with a competent experienced immigration attorney before she files a naturalization application. There are a number of ways that people can disqualify themselves get into trouble when they file as a result.... Read More

The decision to cancel a contract may have consequences. It is important that you understand all of the consequences including processing delays that may affect your career. There may be other issues that the consular officials were unaware of at the time that you processed your last P1 visa. I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney.... Read More

You were obligated to support him for a period of 10 years or until he becomes a naturalized US citizen. In other words, the sooner he becomes a naturalized US citizen, the sooner that your obligation ends! I strongly recommend an appointment with a competent and experienced immigration attorney before there are further complications.... Read More

Yes, you can marry your fiance in the United States. However, he does not have any status that will lawfully allow you to remain in the U. S. He may eventually try to seek status in Canada from the Canadian Embassy or Consulate in the United States once you are both married. I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney. Good luck.... Read More

Your mother can petition for you if you are unmarried. However, it is unclear whether you are admissible for a visa without further information. The visa processing in this family based category is subject to a low quota. As a result, I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney. Good luck.... Read More

It is likely that this is not possible, but further investigation is required. If you decide to get engaged, then you may want to petition him as your fiance. If not, then you may have to wait until such a decision made. The process of filing for a fiance visa can take a while. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are further complications. Good luck.... Read More

That will depend upon when you will file for an immigrant visa. The salary changes every spring for form I-864 purposes, but is likely over $25,000, perhaps more. There may be a possibility for a "joint sponsor" to come forward. The process of obtaining a marriage based immigration visa is complicated. For that reason, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.... Read More