Illinois Immigration Legal Questions

It could be an issue. USCIS cannot approve any visa petition if the beneficiary previously entered into a marriage for the purpose of obtain immigration benefits. Whether you should apply for naturalization will depend upon the circumstances surrounding your marriage and whether you can establish you entered the marriage in good faith. You risk not only having your application denied but also being placed in removal proceedings. I encourage you to consult an attorney before filing. You can read more about the naturalization process at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Assuming you have not maintained lawful nonimmigrant (i.e. you stayed beyond your I-94), you will not be able to adjust your status based upon marriage to a resident. You would need to pursue an immigrant visa through consular processing, which means submitting the paperwork through the NVC. The problem with consular processing is that if you have been in the United States for more than 180 days without status, you would be subject to a bar of admission. This requires you to obtain a waiver based upon hardship to your husband if you were not admitted. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You and your spouse will each need to file forms. Your spouse will need to complete Forms I-130, G-325A, and I-864. You will need to complete Forms I-485 and G-325A. You will also want to complete Forms I-765 and I-131 if you would like employment authorization and advance parole. These Forms must be properly completed and filed with the appropriate fees and supporting documentation. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You would be eligible to apply for naturalization of you are 18 years or older. You may already be a United States citizen depending upon how old you were when your mother naturalized. If you are already a citizen by operation of law, you would simply need to request a certificate of citizenship. You can read more about deriving citizenship from a parent and naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Your sister must be a lawful permanent resident for five years (three years of married to a United States citizen) to be eligible for naturalization. There are several other requirements that must be met including physical presence. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

It may be best to include his children in the application as your stepchildren. This is especially true if you intend to petition for your spouse or his children in the future. You can read more about the naturalization process at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

You may still be able to naturalize given the separation occurred after you filed for naturalization if you lived with your spouse for three years as a lawful permanent resident. You need to be honest at the interview when discussing the state of your marriage. You can read more about eligibility for naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.  You would need to contact the local court with jurisdiction over divorce matters to see if a case has been initiated. You may also be able to locate the records in the court's website but this is not always an option.... Read Answer

The Philippine citizen needs to apply for and be issued a nonimmigrant visitor visa. To obtain this visa, the individual will need to file a DS-160 and satisfies the consular official as to the purpose of the trip, ability to fund the trip, and intention to return to his/her native country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

I understand that you want definitive answers but this matter is best taken up with the potential employer and its immigration attorney. Regardless of whether they can petition for you, the company must actually do so. You cannot unilaterally transfer your H-1B. The potential employer would need to be comfortable moving forward.... Read Answer

In your situation, employer B would file an H-1B petition for you as a new petition, and it or its lawyer would have to explain why it is that you are not subject to the H-1B cap. 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 Answer

You cannot change to F-1/F-2. You must either seek to change to F-1 or F-2. Whether you can or should reapply depends upon why you were denied and your current nonimmigrant status. You should schedule a consultation with an experienced immigration attorney. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

Assuming the child is still in his authorized period of stay, a request to extend his status must be filed. If his period of authorized stay has already expired, he would not be able to extend his stay in the United States. He would need to depart the country and re-enter on a valid visa. You can read more about nonimmigrant visas at .http://myattorneyusa.com/travel-visas. ... Read Answer

Your friend does not have many options if he/she divorces. A person cannot obtain a green card through marriage if he/she is divorced before his/her application for adjustment of status is approved. Even if the divorce is not final, the petitioner has the right to withdraw the immigrant visa he/she filed at any time. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You can try to do so, but the USCIS must decide whether you have immigrant intent for the purpose of this stay. If you reasonably overcome the legal presumption of immigrant intent, and are not out of status/overstay, then the non-immigrant F2 visa 'may' be granted as a matter of discretion. If you are still confused, then consider an appointment with a competent and experienced immigration and visa attorney. Good luck.... Read Answer

You typically need to appear for an infopass appointment at the local field office. You will need to take your Form I-485 related documents as well as the immigration judge's order to the appointment. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Hello. If your father naturalized after being a lawful permanent resident then you are not eligible for automatic citizenship unless you had lawful permanent residence living in the US and under the age of 18. If he automatically received citizenship from one of his parents then there may be a way to transmit his citizenship to you. Either way he can still file a petition for you to get lawful permanent residence, it just may take a while if you are over 21 years of age. For more case specific information please contact me for a free consultation.  ... Read Answer

Hello. I am sorry to hear about your circumstance however all visa waiver entrants are subject to removal without the opportunity to go before an immigration judge if they violate their status, including overstaying. Assuming you are a United States citizen, had you still been legally married you could have prevented his removal by applying for adjustment of status. Contact the ICE officials where he is being detained to see if they will allow time for you to remarry him and file for adjustment. It will be difficult but it is worth the chance. If you need assistance please contact my office for a free consultation.... Read Answer

There should not be a a problem marrying a person even with such a passport stamp. The difficulty may be in later trying to sponsor that individual for permanent residence. At that time, either a U.S.C.I.S. examiner (if an adjustment of status application is filed) or US consular official (if consular processing is sought) may be more concerned with the reasons behind the stamp.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 Answer