Illinois Immigration Legal Questions

In your situation, you do appear to be cap exempt if you wish to use the other two years of H-1B eligibility. You have to go through the H-1B process all over again. The only difference is that you would not have to  establish eligibility under the H-1B visa lottery and could file at any time that you have the proper situation. 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

US immigration law does not prevent anyone from working as a volunteer. This means of course no compensation whatsoever, including payment for transportation or lunches or deferred pay. By the same token, federal and state labor laws could penalize an employer who does not compensate someone who works for them. 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 should have familiarise yourself with the responsibility of a sponsor before signing up under that affidavit. It is too late now. With that said, Medical insurance even state spomsored is not the benefit that would get you in trouble. Please see below.    Affidavit of Support and SPonsor's Responsibilitiess  Public Charge... Read Answer

Whether you put an inquiry to the  NVC to the attention of the WC or DC, it will undoubtedly be routed to the right section and person. Just make sure that you get the address correct. 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

Your employer would need to file the employment-based immigrant visa petition. The wage requirements will depend upon the position for which the petition is being filed and the experienced required. Attorneys fees will vary from attorney to attorney depending his/her skill, experience, reputation, etc.... Read Answer

If you fall out of status and DHS arrests you at your apartment, you would still be afforded due process which means that you would be entitled to appear before the immigration judge and ask for any relief which you think you deserve. From your words, you and/or your legal representative at that time might wish to explore the reliefs of asylum, withholding of removal, and relief under the Convention against Torture (CAT). You would not be simply put on a plane to your home country.  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 may be asked why you are coming back a month after leaving the U. S. If you have a satisfactory response, you should be able to be admitted, especially since this is only the 2nd time that you will have come to the U. S. Your staying here for just over 2 months is not considered long, and the concern would be your coming back so quickly after leaving. 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

If your son has a legitimate business reason for staying in the U. S., he can ask for a change of status from F-1 to B-1 business visitor as long as the purpose of the business is short-term. After filing, it normally takes U.S.C.I.S. 3 months to reach the application for adjudication. Individuals who have made a timely request for change of status are considered to be legally in the U. S. until the time of adjudication. Supporting documents would be those papers that can explain or show what type of business opportunity it is, the length of time that it will take to conclude the business, proof of your son’s ability to support himself without having to work during the time that he is requesting, and of onwards transportation to the home country. Starting a business in partnership with a U. S. citizen could be problematical as that implies a longer-term of stay than contemplated under a B-2 visa status. If he chooses to start the partnership, he should show how the business will continue without his participation since he will be returning to the home country. If your son is refused, he could either choose to stay here without authority, attempt to gain some other type of status, or leave the country. To the question of whether it would be better for him to get a B-2 change of status, that is also a short-term visa status for which your son would need to explain the length of time that he is requesting and what he will be doing to fill up that time along with showing proof of ability to support himself and of onward transportation at the end of the requested time period. 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

Its not enough to have U. S. Citizen Children and a U. S. Citizen Spouse. You must prove that the U. S. Citizen will 'suffer extreme hardship' as a result of the two year residency, as a matter of both discretion and law to the satisfaction of the State Department and USCIS. Otherwise, your child and wife must decide whether to stay in the U. S. or accompany you for the next two years in your home country. If you are unsuccessful, you may be banned from an immigrant visa for ten years if you remain in the U. S. while the J-1 visa waiver is pending. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before the decision to file a J-1 waiver is undertaken. Good luck.... Read Answer

This is a complicated set of facts. It is unlikely, even if conceivable, that a person in your position will be allowed to lawfully immigrate into the United States. There may be other remote options, but I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. You can spend thousands and thousands of dollars on the process. You should get an idea of the challenges that you face before you conclude that it is worth the effort. Good luck.... Read Answer

A green card may no be longer permanent if you reside outside the United States for more than a year without a reentry permit. in addition, the beneficiary of a lawful permanent resident is subject to Visa quotas. This may delay her admission into the United States for several years. Your stay outside the United States will prolong the filing of a naturalization application. You must have five years of continuous physical presence in the United States with no meaningful interruptions of more than 180 days. This means that she will not be eligible for an immediate visa based on the marriage. I strongly recommend a teleconference with a competent and experienced immigration attorney before matters get more complicated. Good luck.... Read Answer

The processing times for both EB-2 and EB-3 are outrageous as in many years. You may want to keep your L1B and consider other options before you changes employers. I strongly recommend an appointment with a competent and experienced immigration attorney before you take any action that you may live to regret. Good luck.... Read Answer

As long as you have a legal right to work, your working on a social security number with one digit wrong is not cause for deportation. You should correct the number with your workplace if the number did not follow the number on your card.  If the number on your card is wrong, a good idea for you would be to go down to Social Security and fix the problem. This is of course presupposing that you are legally entitled to that number. 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

U.S.C.I.S. is generally not as strict on the number of years of tax returns required on affidavits of support as most U. S. consuls, but a good rule of thumb where the petitioner or joint sponsor makes less than the required amount in 1 or 2 of the past 3 years is to determine whether the amount made in the last year is well above the income requirement and whether there is a good reason for which 1 or 2 years did not have qualifying income. In the situation that you describe of a joint sponsor below the poverty limit in 2 of the 3 years because he was going to school and working part-time, such an explanation would likely be met with understanding by a U.S.C.I.S. officer, but the answer may depend upon how much over the poverty line he is now making. 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

If you entered without inspection or overstay, then you can be referred to an immigration court for deportation unless you give up your right which often, not always, seems foolish. You likely need a competent and experienced immigration to review all of the facts in your situation to determine if you can get relief and eventual green card status. Good luck.... Read Answer

This gets complicated, because your I-94 entry, not your visa expiration determines whether you can lawfully adjust status or must consular process. You are an overstay that is accruing unlawful presence after the May expiration date. I strongly recommend an appointment with a competent and experienced immigration attorney as soon as possible. Good luck.... Read Answer

Although not clear from your question, it sounds like you are a U.S. citizen and you are married to a husband who entered the U.S. lawfully but his visa has expired. If that is correct, then you and your husband may be eligible to file a marriage-based adjustment of status application so that your husband may become a Permanent Resident (to get a "Green Card"). Note that he may be eligible for this notwithstanding that his visa (and Social Security card?) have expired. There are other details too that must be addressed to confirm eligibility, and it would be wise to engage an immigration attorney who, after learning all of the relevant information about your husband and you, could advise about eligibility and represent you in the 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 Answer