Illinois Immigration Legal Questions

The fact the Bangladesh is on the list of 75 countries for which immigrant visas cannot be issued does not mean that a case cannot be processed up to the interview stage. In a normal case, processing takes approximately 1 ½-2 years before reaching the interview stage. So your son could file the I-130 petition for alien relative, and assuming that it is approved, his wife can begin the consular process in which your financial support will be relevant. Hopefully, by the time that her case reaches the interview stage, the travel ban will no longer be in existence. If it is, she and your son would have to look at any way under which it could be waived. 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 More

We are happy to confirm that an individual in valid F-1 student status is legally in the country and not removable even if his or her TPS status is terminated. You must of course still qualify as a full-time student according to the regulations. 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 More

To determine which documents you’ve filed with USCIS, you may submit a Freedom of Information Act (FOIA) request. However, it’s often wise to retain an experienced immigration attorney to handle your case from start to finish, minimizing the risk of errors. Many of us offer affordable flat fees and can represent clients in any U.S. state — or even abroad — since immigration law is federal.  ... Read More

Besides the question of having employer A go along with you when you are no longer employed by A, kindly note that your proposed move may encounter a later difficulty with USCIS if it questions the rationale behind an employer further sponsoring where you have gone your separate ways. Among the grounds for which I-140 petition approvals can be revoked are fraud and misrepresentation. You may wish to think this over before going in this direction. 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 More

If you are a US citizen, and you are not ready for marriage yet, you could always sponsor him for a fiancé visa. The fiancé visa takes about a year prior to when he can actually legally enter the United States, but you would have to get married to him within 90 days after he arrives in the US. Then he can be sponsored for a green card. This will buy you at least one year of time before you commit to marriage. One of the conditions for the fiancé visa is that you have to physically meet your fiancé within two years prior to filing for the K-1 application. Consider working with an attorney. Some of us charge a very affordable flat fee. ... Read More

You should send a letter to USCIS that your unmarried son has married. In the event that USCIS does not acknowledge your information and approves your petition for your son as unmarried, you should give the information in the next step of the process when your son’s approved petition is sent to the National Visa Center (NVC). Please note that your son’s category will change from the F-1 category for unmarried sons and daughters of US citizens to F-3 married sons and daughters of US citizens. That will lengthen the time of his processing. For the month of November 2024, final immigration interviews are being given to unmarried sons and daughters those petitions were filed prior to October 22, 2015 whereas married sons and daughters were only being interviewed whose I-130 petitions were received before April 15, 2010. You can notify the NVC later at its email address after USCIS ships the approved petition to the Center. You cannot add the spouse after your son receives his green card as that would constitute fraud in having him immigrate under a category to which he is no longer entitled. 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 More

As USCIS processing times are not certain, and you would like your new employment authorization to be in effect in approximately three months, you should probably start at this point. Kindly note that eligibility for H-4 work is restricted to those whose principal H-1B holder spouse has either an approved 1-140 petition or has applied for a labor certification application or employment based immigrant visa petition which has been pending at least 365 days. 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 More

In our opinion, a traffic courtesy reminder does not count as a citation by law enforcement when applying for naturalization. A citation has a penalty to it, while a courtesy reminder does not. 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 More

If you are attempting to file adjustment of status for your mother who is here in the US, that would be a paper filing featuring forms I-130, I-485, and I-864. If you are attempting to file for your mother who is overseas and will interview for her immigrant visa at the US consulate or embassy abroad, the I-864 support document does not come into effect until the I-130 is approved and the case forwarded to the National Visa Center (NVC). In such case, the I-130 petition can be filed online. The I-864 will be requested in the second part of the case by the NVC. 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 More

With your asylum claim already having been granted, you cannot add a new person onto your case at this time. You can sponsor a spouse when you obtain permanent residence, but that will take time as you are not eligible to receive resident status until you have been in asylee status for at least one year. Under present rules, you can apply ahead of time although the consequences have not been spelled out by USCIS as to what will happen if it reaches your case for adjustment before the year is out. When you do receive permanent residence, the question of whether your spouse will be able to adjust status depends upon her maintaining legal status until she is able to file for I-485 adjustment. Currently, the F-2A category for LPR filing for spouses is backed up six months under the March 2024 visa bulletin chart for dates of filing. Therefore, she would likely have to maintain some form of legal nonimmigrant status for approximately a year and ½ or even longer before she could file for adjustment. If she files for asylum while in status, and her case is pending at the time she is able to file for adjustment, the law is split as to whether she would be allowed to adjust with the majority view being that she would not be able to do so. You may wish to check the law on this point in your intended circuit court of residence when your wife is eligible for adjustment. 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 More

At some point or other, your parents will likely find out that you are married. You are the primary financial sponsor as the petitioner, and as such, your parents can be expected to bring in an updated affidavit of support from you and the cosponsor at the time of their interview. The only way that they would not know is if you did not disclose on the I-864 form that you are married. In addition, such nondisclosure may constitute a misrepresentation on your part as your marrying would add one more person to the number in your household, which may be relevant if your income and assets are borderline in supporting your parents. Your parents require your affidavit of support, and if the amount of support is not sufficient, another affidavit of support from a joint sponsor. They cannot just bring in the joint sponsor’s affidavit of support. 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 More

I am not aware that there are any restrictions on a K-1 visa for an individual going from Chile to Argentina and back to Chile before coming to the US under that visa. The only restriction of which I am aware in that context is that the individual must enter the US before the ending date of the visa. 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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More