Illinois Immigration Legal Questions

There do not appear to be any outstanding risks attached to utilizing an advance parole for which you have already received permission under the circumstances of your case. It appears that your advance parole was legally obtained; that the period of time outside the US is highly acceptable; and that your husband is not required to join you on the trip. 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 are selected for the H-1B lottery, your OPT is extended and you can begin working on the new project for your employer. By the same token, your employer should provide you with proof that you were selected for the H-1B lottery for you to have your I-20 updated by the DSO at your school. Your employer should be more cooperative in providing you a copy of the I-797 receipt.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 will need to verify that Legacy INS has proof of your departure more than twenty years ago. You may also have to prove rehabilitation, where you were convicted of a crime that caused your deportation. Finally, you must be petitioned by your daughter if and when she is over twenty one years old unless you want to wait years, perhaps decades. I strongly recommend a teleconference with a candid, competent and experienced immigration attorney before any action is taken. Your deportation happened before the 1996 laws went into effect, so care should be taken in answering your questions. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

To qualify fo asylum, you must demonstrate a well founded fear of persecution on account of race, religion, nationality, political opinion, or political social group. Gays are generally considered to constitute a political social group.  Depending on your country of origin, I'm not sure why the lawyers were concerned with in your case. As a former UN refugee officer, I would strongly recommend contacting our office to discuss your options.  Good luck... Daniel Shanfield http://www.immigration-defense.com/ (408) 275-6565 This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.  ... Read Answer

You can petition for your husband as the law does not preclude an individual being sponsored by multiple parties. As you are a U. S. citizen, it would be a much faster case. He would be able to adjust his status in the U. S. if he had the benefit of §245(i), under which most undocumented immigrants are able to adjust status upon the payment of a $1000 fine if they had a visa petition or labor certification application filed by April 30, 2001, and were physically present in the U. S. on April 21, 2000. If he does not have such benefit, you and he may still be able to take advantage of the Administration’s I-601A program under which he could apply for a waiver of the 10 year bar for being in the country illegally during the time that he is here in the U. S. He could wait for the result while here, and if approved go overseas for an interview based upon an approved I-130 petition by you. The interview in that case would be in most likelihood as normal as any other immigrant visa interview. 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

As long as you did not have the intention to immigrate at the time that you entered the U. S. under the tourist visa, there is no prohibition against your marrying your fiancé and adjusting your status in the U. S. 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

Unfortunately you share the fate of many H-1B applicants this year who were not selected as the acceptance rate appears to have been just over half. Dentistry does not appear to be on the STEM list for an extension of OPT. Unless you can meet the standards for extraordinary alien, you would not be considered for an O-1 visa. You cannot appeal non-selection of your case for an H-1B. Most individuals in your situation would either return to school, leave the country, apply for H-1B for a cap – exempt employer such as an institute of higher education, or change over to another category such as E-1 treaty trader or E-2 Treaty investor. 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

This is a challenge. If you do not make the required amount of income, then you need a joint sponsor. If you do not get a joint sponsor within one year of your last communication with the national Visa Center, then your petition can be sent back for revocation. That means that you will lose all your money and will have to start all over, again. You will need to look for a friend, among others, to help in the process. The immigration system is now geared to encourage emigration outside the United States, as well.... Read Answer

The California service center of U.S.C.I.S.’ processing time chart has both K-1 and K-3 petitions at 5 months. The Vermont service center only has K-1’s at 5 months without reference to K-3’s. I do note that you must also file an I-130 petition in order to file the K-3, and if both the I-130 and K-3 are together at the National Visa Center (NVC) after approval by U.S.C.I.S., the K-3 petition will be denied. On the whole, K-1 processing is probably faster than K-3’s, without the risk that K-3 processing may be stopped at the NVC. 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

I assume that when you said that you were laid off as of 1/10, you meant January 10, 2014, and not January 2010. Assuming that you sent the B-2 change of status application yourself on January 10, 2014, you might be able to obtain a transfer and extension of the H-1B petition here in the U. S. But it appears that your question presupposes that you will return to your home country with the only issue being either a return before having the H-1B transfer/extension approved here in the States, or a return afterwards. I do not see the difference since you would be facing a consular interview under either situation, and a consular refusal would leave you stranded in your home country in either case. So the choice would be basically up to you and whatever travel plans are more convenient to you. 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 find a friend, family member or neighbor being either a US citizen or legal resident alien who has sufficient income to join you as a co-sponsor. Such individual does not necessarily have to live with you in your household it is sufficient that he co-sponsor is residing in any one of the states in the United States.... Read Answer

From your writing, I gather that you are a citizen of Canada who spent most of your 22 years in the U. S., are in Canada now, and tried to come into the U. S. at the border near Detroit. If you lived in the U. S. until the age of 18, you would be subject to a 10 year bar if you left the country. The bar is able to be waived for visits by DHS, but you would be asked to pay the application fee for the waiver. In addition, CBP must be convinced that you intend to return to Canada, and that is a reason for which you are being asked to put together as much documentation as possible to show your ties in bonds with that country. You will either have to satisfy the requirements of CBP or work it out with your son’s mother to have your son visit you in Canada.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 tell your criminal lawyer understand that you are not an American citizen so that the lawyer can structure a disposition of the case that will not affect your immigration status because any criminal conviction of a foreigner will have some impact on their immigration status. You should hire an immigration attorney to guide your criminal lawyer in developing an acceptable resolution to your case.... Read Answer

You may be denied or your decision delayed. You need to prove to the satisfaction of USCIS that you have good moral character for the required period of 3 or 5 years depending upon whether you became a permanent resident through marriage. There may be other complications, so I recommend an appointment with a competent and experienced immigration attorney. Good luck.... Read Answer

Consular officers are very wary of giving nonimmigrant visas requiring nonimmigrant intent like F-1 student visas to those who have already been deported since the applicants have already shown an immigrant intent. Your sister could try again in the future for the student visa and perhaps meet a more sympathetic consular officer. I suggest applying again in six months and perhaps giving in a letter explaining what happened in the past and why it would not happen in the future and why she wants to study in the US as opposed to any other 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

If you've already submitted the I-140 petition, U.S.C.I.S. does not need updated information about your travel in adjudicating the petition. It is discretionary with U.S.C.I.S. as to whether to issue an alien registration number upon approval of an I-140 petition. If so noted and you are adjusting status to permanent residence on form I-485, you should be sure to notate that number on the I-485 form. The alien registration number is a file number which can be your green card number if your case is 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 Answer

Besides figuring out how he will survive financially without the assistance of his deported parents, the US citizen child would have no cause for trouble with DHS if they are deported. As a US citizen, the 18-year-old child has every right to live, work, and study in this 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

I am of the opinion that you would be allowed to take on this type of internship as you would be a volunteer and not be recompensed for your time. But note that if there is some type of compensation even as incidental as payment for meals or transportation or employer payment for other benefits normally associated with an employee, you might not be seen as only a volunteer. I also note that the use of this type of internship by employers is coming under increasing scrutiny by governmental authorities because of the lack of pay. 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

As long as you maintain your nonimmigrant F-1 status, denial of a political asylum application would not be cause for you to be issued a notice to appear (NTA) in the immigration court. Proceedings would stop with a final denial at the asylum office. 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