Illinois Immigration Legal Questions

You cannot get a H-1B now because the quota has been filled. The earliest that a new petition can be filed on your behalf by an employer is April 1, 2016 with a start date of employment of no earlier than October 1, 2016 which is when the following fiscal year will begin. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More

If an aggravated felony was committed after a date specific in 1996, then you are statutorily barred from showing good moral character for naturalization purposes. That means your application can be denied. I strongly recommend an appointment with a competent and experienced immigration attorney. You may want to know whether it's wise to spend the $680 filing fee, let alone, the attorney fee.*... Read More

It would appear that your H-1B situation should not interfere with your vacation plans in July and that you should be able to return to the U. S. without any problems. The only glitch that I see would be if you had to pick up another L-2 visa in India before coming back. In such case, there is a chance that a consular officer could tell you to wait in India for the H-1B if he or she knows that your H-1B petition has been selected or approved. 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 More

For a green card you do not need to have any English as a requirement. Of course, if he plans to get a job where speaking English is required (in most jobs) then it will be an issue if he speaks no English. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More

In my opinion, the last action on an H-1B cap case is the automatic change of status on October 1st. It would not make sense to regard the approval of such a case as the date of change of status since the status cannot go into effect until October 1st. Where F-1 students are holding OPT until the date that the H-1B is filed in April, U.S.C.I.S. regards them as F-1 students during the cap gap period between the ending of their status and October 1st. Thus to be consistent, your wife should be regarded as under H-4 status until the effective date of the H-1B. 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 More

That seems questionable. If you think that something is wrong, such as the withholding information, which is considered misrepresentation, then you need to seek a second opinion before you sign a form. Now, it's your word against the attorney's word. Perhaps, you were represented by a fake. This claim does not put you in such a credible position, nor does this allegation necessarily endear you to your next attorney. The next attorney may wonder whether you may blame them for your future decisions. Good luck.... Read More

If you marry your boyfriend, you could apply for an L-2 visa, and that would allow you to work after obtaining permission from the U.S.C.I.S. If you are requesting a change of status with U.S.C.I.S. on form I-539 and it is approved, you would not have to leave the U. S. to obtain the L-2 status. If at some point in the future you wish to travel in and out of the U. S., you would have to be visaed with the L-2 before returning to the country. It is up to you as to whether to keep your O-1 status until the L-2 goes through. U.S.C.I.S. only asks that you have a legal updated status at the time of the application. Keeping the O-1 would have the benefit of affording you legal status if anything goes wrong with the L-2 adjudication. 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 More

Only a few types of nonimmigrant visas, such as an H1B visa, can be used by someone to enter the U.S. while having an intention to apply for an immigrant visa that would enable them to reside permanently in the U.S. It is not surprising that the applications filed for an F1 student visa and for a B1/B2 visitor's visa were denied, and it would be wise to consult with an immigration law firm to address eligibilities, options and strategies before filing more applications in categories for which your husband is ineligible. 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

That can get complicated. If you enter without inspection, then you are 'usually' disqualified from becoming a lawful permanent resident green card holder 'unless' you trigger a ten year ban on immigration, wait or somehow manage to qualify and seek a waiver, and process at a U. S. Embassy or Consulate. There are a few unusual situations that may not require a waiver. There are limited situation, where a person who was petitioned by April 30, 2015, directly or indirectly, may be able to pay a penalty and 'file to process' in the U. S. I strongly recommend an appointment with a competent and experienced immigration attorney, who can investigate and provide legal advice before more complications take place.... Read More

Your daughter’s being a U. S. citizen born in 2010 will unfortunately not assist you in obtaining immigration benefits where you just arrived in the U. S. 2 months ago. Under the present law, your child could only sponsor you for permanent residence when she turns the age of 21. In addition, you would not appear to qualify under the President’s executive action DAPA program as it does not appear that you have been in the U. S. from January 2010 to the present and you were not in the U. S. (according to your fact situation) on November 20, 2014. (I note that the program has been halted for present by a preliminary injunction by a District Court judge in Texas.) 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 More

There are no restrictions on ownership of property as only for permanent residents and as long as you have the wherewithal to satisfy the needs of the seller, you can buy your house. 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 More

If I understand your fact situation clearly, you are her only relative and you have four children of which three were born in the US. Although your mother has been here for more than 10 years, she would not appear to be eligible for the relief of cancellation of removal as none of the US-born children are hers. She also does not appear eligible for the President's 11/20/14 executive action relief for parents of US citizens or permanent residents as she does not appear to have any. I suggest that if she has not already tried it, her attorney should send in a request to the government attorney who has her case for prosecutorial discretion. In such a request, she should list all of her unfavorable as well as favorable factors as those will be the basis upon which the government attorney will make a decision. 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 More

U.S.C.I.S. believes that you should wait until you receive the receipt before beginning work with another employer when transferring your H-1B. The reason is that even though the FedEx receipt will tell you that the petition has reached the center, there is the possibility that the filing may be rejected for various reasons. Examples are incorrect filing fee checks, missing signatures, missing application pages, etc. It is always safer to wait for the receipt as your work for the second employer would be illegal if the petition is not properly filed. 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 More

You have received a typical request for documents to bring to a naturalization interview. There does not appear to be anything unusual in the request. I gather that you are attempting to naturalize based upon marriage to a U. S. citizen and do it within 3 years instead of 5. The requirements are that you are married for 3 years, that the U. S. citizen is a U. S. citizen for 3 years, and that you reside together as man and wife for 3 years constantly in the 3 years prior to filing the N-400 application.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 More

Perhaps, but more information is needed to decide whether it is in your family's best interest at this time. Did your dad verify his voluntary departure to Mexico at a U. S. Embassy or Consulate? Is he still in Mexico? How long has he lived in Mexico? If not, then the voluntary departure order likely converted into a final deportation order. I recommend that your family schedule an appointment with a competent and experienced immigration attorney, who can spend enough time to investigate and discuss all of the issues. This way, the best decision can be made. Good luck.... Read More

Yes. A US citizen or LPR father can petition for his son even after the son was deported. However, whether the son will be able to get a visa from the US consulate to come back or not will depend on the particular circumstances of his case. He should consult with an immigration attorney before taking any action.... Read More