Illinois Immigration Legal Questions

If you are a US citizen, you marry him, and he entered the US legally and has no disabilities, e.g. fraud, immigration proceedings or crimes, you could apply for him on form I-130 petition for alien relative, he could adjust to permanent residence on form I-485, and after he has held the green card for three years, he may be able to apply for US citizenship as long as he has lived with you constantly for the three-year required period of residence after being awarded the green card. If he did not come into the country legally, he might still be able to obtain permanent residence under the Obama administration's I-601A program if you are a US citizen, petition for him under form I-130, and he applies for and is approved for an I-601A waiver which is based upon extreme hardship to you if such cannot be granted. If he is approved for the waiver, he would then go overseas for an immigrant visa interview which would in all likelihood be quite normal in its nature.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

The first step would be for this person to be granted refugee status. There is no direct path to citizenship. There is not enough information to assess whether she would qualify for refugee status. Unfortunately, refugee status is not granted to those fleeing conditions of general strife. She must establish a well/founded fear of persecution on account of her race, nationality, religion, political opinion or membership in a particular social group. You can find more information about refugee status at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

  Too many answers to my questions are needed before I can answer all your questions. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for successful results in all the projects you contemplate.     "Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold."…Immigration & Nationality Service spokeswoman.  ... Read Answer

Yes. It appears you have been placed in removal proceedings. Burglary is serious. At the very least, it is a crime involving moral turpitude and it could be an aggravated felony in some circumstances. It is very important you retain an experienced immigration attorney to assist you. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

Hello. Yes you can apply for him to receive his immigrant visa. There is much information I need to properly advise on the correct process to take, ie, his location, if in US manner of entry (legally or illegally), criminal/immigration history, etc.. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com  ... Read Answer

Assuming given your father previously entered the country illegally more information is needed to determine if he is eligible for lawful permanent residence and if so, whether a waiver will be needed. Assuming you are a United States citizen at least 21 years of age, you could file an immigrant visa petition on his behalf. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Whether your friend can get into graduate school will depend upon whether a school is willing to accept her. However, if she failed to maintain status, she will not simply be able to obtain F-1 status again in the United States. She would need to depart the country and apply for a new visa. The chances of the visa actually being granted are slim. ... Read Answer

You would not be able to adjust your status based upon the approved Form I-130 if a divorce is pending. However, as you have indicated your spouse is abusive you may be able to self-petition for a green card under VAWA. You should consult an experienced immigration attorney prior to filing for divorce. ... Read Answer

You cannot exercise the change of status process. It is currently taking 4-6 months for USCIS to process a change of status request. The only way to obtain a J-1 visa faster would be to apply for a visa at a consular post. However, you will likely face difficulty obtaining a J-1 visa or status given your immigration history. Filing for asylum is evidence that indicates you do not intend to return to your native country. You should focus your energy on MAVNI.... Read Answer

Depending on her country of origin, the waiting time for visa availability is between 7-1/2 to 21 years. Your retirement may be a problem if you do not meet the financial requirements for the affidavit of support. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.... Read Answer

If he came in EWI entry without inspection, do not file anything before you consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your husband's case in order to maximize the possibilities for a successful result.  ... Read Answer

  There may be a waiver available as well as an appeal. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

If you are a U.S. citizen you and your fiance could go through the process of applying for a fiance visa that would enable him to enter the U.S., then become married to you within 90 days, then complete the adjustment of status application process by which he would become a Lawful Permanent Resident (get a "Green Card"). Alternatively, you could travel to Ghana and become married, and the sponsor him in an application for consular processing in the Immediate Relative visa category.... Read Answer

Each state has different rules about who may apply for a permit or driver's license. Most states allow an individual who has prof of lawful status in the United States to obtain a permit or driver's license. You should check eligiblity requirements on the DMV's website. There may be documentation you can provide to obtain a permit. ... Read Answer

You may submit a copy of the birth certificate with a certified translation to file the application, but you will need to produce the original or certified copy at your interview. I would encourage you to contact the Chinese Consulate to see how you can obtain a certified copy of your birth certificate.... Read Answer

Should not affect your ability to sponsor your parents. However, you will have to sign of financial responsibility affidavit and show to the government that you earn enough income (right now, I believe that the income required for financial sponsors is 26,000 for two dependents) I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

Drug offenses are treated very harshly under United States immigration law. The visa denial is not necessarily erroneous. a single conviction for possession of marijuana can result in a visa denial. Your fiancé may need to seek a waiver. Do you have the conviction related records? You can find more information by clicking immigration and criminal law.... Read Answer