Illinois Immigration Legal Questions

If you get a green card, you can travel outside the US and safely return. You must have misunderstood the 1 year rule. What it says is that a green card person cannot leave the US and remain outside for 1 year. Green card holders are permitted to leave the US just like everyone else. The only thing is unlike US citizens, CIS does not want green card holders to travel overseas and remain outside for extended periods. A green card holder will lose that status if s/he stays outside the US for one year or more.... Read Answer

Persons who have deportation orders who qualify for deferred action for childhood arrivals (DACA) can apply for it. The application would go to US ICE instead of U.S.C.I.S. only if a person is in detention – otherwise, the application goes to U.S.C.I.S. A DACA application operates to stop the execution of deportation orders.    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 H-1B visa is one of dual intent meaning that you can also have the intention to immigrate so long as you keep abiding by the terms of the nonimmigrant visa. Assuming that you do not misrepresent the fact that you already have an immigrant visa petition approved on your behalf when you apply for the H1B visa at the Consulate, you would not have a problem with the H1B visa when you are called to interview while you are in the US.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

A person who has been deported from the US is not allowed to return to the country for 10 years unless he or she receives advance permission to return from the US government. To make a connected flight from New York to Malaysia means that you would have to enter the country. You could possibly apply for a transit visa and request permission to enter the US just for that purpose. In order to consider your case, a consular officer would requests information regarding the nature and date of the offense, your possible re-formation, and the necessity for or urgency of your visit to the U. S. You will also likely required an approved I-212 application for advance permission to return.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 process for a fiance visa takes about 10-12 months so if you plan to get married in the US in the summer, it will not be enough time for the fiance visa. However, if your fiance is already in the US lawfully by the time of the wedding, then you can just apply for the green card on the basis of marriage after that.... Read Answer

With employment-based immigration to the US, a major question is whether you will or should attempt to be in the country during the time that the immigration process is going on or whether you will remain in the home country during that time. To stay in the US, you should of course maintain a legal status. The time period for employment-based immigration can be as little as 1 1/2 to 2 years if you fall within the EB-2 category (except for natives of China and India who face backlogs) which generally requires a master's or higher degree or bachelors +5 years of progressive experience to do the job. If not, you would likely fall within the EB-3 category for those with a bachelor's degree or those possessing two years of experience which would be required to do the job. That type of immigration would generally take 2 to 4 years at the current clip. I note that much of US immigration is done through employment-based sponsorship.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 suggest that if your dad can help you, eg- you entered the country legally, and if you want your dad to sponsor you for immigration, you should work to have better relations with him so that he will help you. Unfortunately there is nothing automatic about your obtaining any type of status just because your father became a US citizen.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