Illinois Immigration Legal Questions

More information is needed.  Is the visa petition approved by USCIS?  What country of citizenship/nationality does he have according your petition for him?  Note that it doesn't matter if he is married unless his lawful permanent resident parent also petitioned him. It seems like you can benefit from a consultation with your current attorney or a second opinion to discuss how this visa petition works and whether he should eventually identify new derivative beneficiaries, if any.... Read Answer

The I-94 can be corrected by the CBP, but you may need to hire a competent immigration and visa attorney to assist with the process at this point.  Our office, among others, work with the CBP to amend I-94 entry cards.  You can try to report to the airport where you were admitted to request help, or the local CBP Field Office, but it can be challenging to get a CBP Officer's attention.... Read Answer

More information is needed.  A consultation is best.  How old are the twin daughters?  What exactly are they diagnosed with? How do they rely upon your ex-husband; their father?  Do either of his parents have a green card or U. S. citizenship?  There is no 'consistent' way to truly expedite an immigration matter based upon the public's expectation unless the petitioner is dying, perhaps.  However, there are certain facts that can be used to seek a 'more expedited' decision. He may have been voluntarily returned to Mexico rather than deported, so I would consider a FOIA request to the proper office to double check.  Does he have a copy of the deportation order, if any?  Getting photographed and fingerprinted may not mean that he was ordered removed or summarily excluded. In some situations, where there is no final deportation order, and enough evidence, he may consider seeking non-permanent resident cancellation of removal. However, a discussion about actions and risks should be undertaken.  You may call if you desire.... Read Answer

I assume that you are a US citizen as only marriage to a US citizen would allow your husband to adjust his status if he is an overstay. In such case, your husband can apply for adjustment of status along with the EAD at the same time. The processing time for adjustment depends upon the scheduling of the local field office of USCIS. EAD’s are taking a long time, and USCIS has just been sued by a group of adjustment applicants over the issue of not having received their EAD’s issued even after all of them have been waiting from 7-13 months. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Under normal circumstances, a new marriage while a naturalization application is pending has no effect upon the adjudication. The applicant would make the immigration officer aware of the new marriage at the time of the interview and give in a copy of the new marriage certificate. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 became a DACA recipient before the age of 18 and have renewed ever since, you would not have acquired unlawful presence and would not require a waiver for that before returning home for consular processing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 can sponsor her for a Fiance visa, but the rule requires that you have to have physically met within the last 2 years. Your post says you met last in 2017, so as long as you meet again, then you can file for her fiance visa, and then once she enters the USA, you have 90 days to get married after which she can file for her green card. Despite that she is a Filipina national, she can still process at the US Consulate closest to where she works. ... Read Answer

If she has no assets and no job, it will be very difficult to get a travel visa. You can sponsor her for a fiance visa, but there is an in person physical meeting requirement that needs to be met. You could travel there when the ban is lifted and then after that sponsor her for a fiance visa or you could travel there and marry her then sponsor her for a spousal visa. Both pathways are taking about 13 months from the time of filing. ... Read Answer

As you were outside the US for more than one year before assumedly filing and coming back in under a new H-1B petition, you are eligible to remain in H-1B status for another six years. 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

So, if you want to get married to your boyfriend and you are a US citizen, then you can sponsor him for a fiancée visa, provided that you have physically met within the last two years. If you just want him to visit, then he has to apply at the US consulate for his own visitor visa. You cannot assist him in anyway with that process. Keep in mind that there may be right now a ban on Nigerian nationals from entering the United States. But that is in flux and it changes on a month-to-month basis... Read Answer

if you want to sponsor your fiance for a K visa, the law requires that you both have to physically have met within 2 years prior to filing the visa application. I suggest you work with a lawyer to assist you with your case. Some of us charge an affordable flat fee (no hidden charges)  and remain in the case for its lifespan. ... Read Answer

You may request a late extension on behalf of your son citing the reasons that you have given here. USCIS instructions on the I-539 form for extension state that such can be accepted if: 1.     The delay was due to extraordinary circumstances beyond your control; 2. The length of the delay was reasonable; 3. You have not otherwise violated your status; 4. You are still a bona fide nonimmigrant; and 5. You are not in removal proceedings. Further instructions dealing with Covid-19 indicate further flexibility on the part of USCIS: Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19.  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

Anyone coming to the USA on a visitor visa intending to remain permanently is technically committing immigration fraud. The visitor visa only allows people to enter the country to visit temporarily and then return home. If she wants to process her green card the honest way she should process at the foreign consulate overseas. ... Read Answer

The 90 days that a naturalization applicant can file file prior to the eligibility date only applies to continuous residence in our understanding. 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

It should be fairly easy finding a Hindi speaking lawyer in Chicago. It seems that all newspapers catering to a specific nationality have a section for lawyers. In the Chinese community newspapers in New York, there are pages upon pages of Chinese speaking attorneys. 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

Hi Maribeth. Unfortunately there is no mother in law category. But if your husband has a green card, he can file for his mom once he obtains his citizenship. If he acquired his green card through marriage he can file for his citizenship within 3 years from the date of his green card. Hope that helps. ... Read Answer