Illinois Immigration Legal Questions

  Lawyers' offices do make mistakes although these appear to be errors that should have been caught. To the question of whether you can use white out, U.S.C.I.S. is mainly interested in having readable applications and petitions with correct information. In our experience, it does not reject readable applications or petitions with white outs. 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 have a very short window to get a review. Was this a marriage case. If so do you suspect that the examiner determined that the marriage was fraudulent. If not it may be that you didn't bring the required documents to your interview. Have a free private phone conference with counsel. Counsel anywhere in the USA can represent you. ... Read Answer

Labor certification applications test the availability of US workers in a particular area at the prevailing wage for that location. A prevailing wage determination from New Jersey has no relevance to the level of prevailing wages in the state of Illinois. Your employer should begin the labor certification process all over again beginning with the local prevailing wage determination. 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 the question is whether you can apply successfully for your husband, that would depend upon the reasons for which he could not come to the US previously. I note that we have had a number of cases done successfully where the spouse abandoned permanent residence and was later reapplied for by the US citizen spouse. 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 there is no changing an H-1B from consular processing to change of status in the US when it has been approved. Your choice appears to be going through the consular processing or having the employer refile the H-1B package all over again with the request for change of status. 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

Immigration law does look to the foreign jurisdiction where the marriage took place to verify its validity. Where did the marriage take place? Illinois has some restrictions on cousin marriages but you may be able to fall into the exception such that your case wouldn't violate Illinois public policy when you apply for your spouses green card. Discuss with counsel anywhere in the USA for a full review of the facts. More facts are needed to form an opinion. ... Read Answer

My opinion is that it is okay to apply for a tourist visa, but that your father should be entirely truthful in filling out and interviewing for the nonimmigrant visa. If he obtains the visa, he should further be truthful with CBP when he arrives at the airport or other port of entry if questioned about his  past and his intended period of stay. He would also be advised to bring proof that he has been outside the US for 10 years and of your mother's condition. 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

There is no immigrant visa category that allows a US citizen to sponsor nephews and nieces. Although the situation that you describe is sympathetic, this Administration has shown little concern with even more humanitarian circumstances. I would like to be more encouraging, but cannot given the current state of US immigration policy. 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

Maybe yes and maybe no as the question is one of non-immigrant versus immigrant intent and the nonimmigrant statuses that you are desiring – B-2 and F1 – both require nonimmigrant intent. That being said, the waiting period for an I-130 based upon sibling relationship takes many years, and most consular officers and immigration officers are aware that a person can intend to immigrate in the future while at the same time having a nonimmigrant intent to come to the US temporarily and leave at the end of the stated purpose. You must, however, be truthful in your applications to an American consul or to U.S.C.I.S. and disclose the I-130 filing to avoid a possible charge of misrepresentation which could impact your later immigration. 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 were in the US illegally under a time certain visa status (not F-1 or J-1 unless you received a denial from U.S.C.I.S. or an order from an immigration judge), you are barred from coming back to the country for 10 years because of your illegal stay. To come back on a tourism visa if that applies to you, you would have to demonstrate good cause to an American consular officer as to why you need to return temporarily. If the consular officer is convinced, he or she could recommend you for a waiver to U.S.C.I.S., and the ultimate decision would come from the Admissibility Review Office  (ARO) of the agency. 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

Because of the divorce your petition will be closely scrutinized. Thus you should retain counsel to represent you from start to finish so that the case can be properly prepared with detailed information showing that both marriages were and are bins fire. Counsel anywhere in the USA can represent you. ... Read Answer

A H-1B petition has two components – whether the job is a specialty occupation and the beneficiary qualified to take it, and whether the beneficiary is eligible for an extension in the US without leaving the country. From looking at your question, it appears that U.S.C.I.S. approved the first component, but not the second. You will know for sure when you receive the actual paperwork from U.S.C.I.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

Hello James. You can sponsor your Fiance for a K visa and her two children, as derivative beneficiaries, and once those visas are available, they can travel to the states. The processing time can run about 9 months to a year before their visas are available. You must marry your fiance within 90 days after she enters the country,  and then you can adjust status for both her and her two children to obtain their green cards, which is another months long process The USCIS filing fees, from start to finish for your fiance is about $1,500, and her two kids are also in that ball park, but less than the fiance. Most law firms would charge anywhere from a low of $2,000 to $7,500. My fees are on the low end, and you can pay in several payments.  Counsel anywhere can assist you. ... Read Answer

Unfortunately, there are not enough facts in your question for a lawyer to give a reasoned opinion. It appears that you are under a 10 year bar from the deportation unless you were stopped and removed from the port of entry, in which case the bar would be 5 years. Other than that, there is nothing in your question to indicate what possible grounds of relief you may have. I suggest that you make an appointment with an immigration lawyer familiar with deportation work so that he or she can go over all your circumstances and make recommendations. 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. has a rule of not giving advance paroles to individuals in removal proceedings. Although the Board of Immigration Appeals had a ruling that departures under advance parole do not count as "entries", that ruling did not touch upon persons under removal proceedings.  There is the danger that you would be seen as having removed yourself by leaving the US and face a bar on reentry to the country even if you somehow managed to obtain advance parole. 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 US citizen wife refuses to sponsor you for the green card, that is within her rights. You have no recourse with U.S.C.I.S. to force your wife to sponsor you. It may well be that she suspects that you married her just so that she could sponsor you for permanent residence. I note that some US citizens use the power that they have over the alien at this time like a baseball bat, which does not make for a good marriage. Marriage should be based upon trust. I suggest that you attempt to alleviate her concerns and otherwise discuss with her the reasons for her reluctance to sponsor you. If you do so and she is convinced of your love, she may then consent to sponsor 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

The difficulty with employers applying for working visas where potential employees have overstayed is that the employees are not eligible for change of status in the US and must leave the country to apply for the visa overseas. Under most types of visa statuses, individuals who have overstayed for 180 days or one year are barred from coming back to the country for 3 and 10 years respectively. Also be advised that overstaying a visa status in the US automatically invalidates a visa even if it has more time on it.  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 you do not have the H-1B denial itself and it appears that your wife H-4 denial did not give complete details, I make no comment on any reason for which you may have been denied. Your pinpointing the reason for denial in 2012 would appear to be a little far-fetched for a denial in 2018. Examining the fact situation that you present, you had no illegality at the time that you left the country in May 2012. An H-1B holder is allowed 10 days grace to leave the US following the expiration of the petition. That is the reason why your I-94 was given an expiration date of May 11, 2012 while your petition expired on May 1, 2012. If you left on May 9, 2012, you were within the grace period of time. 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 daughters may encounter some difficulties in doing this as they are supposed to only have nonimmigrant intent, and staying the majority of the time in the US while only going back for short stays overseas could raise flags with Customs and Border Protection (CBP). There is a good chance, however, that CBP officers may overlook the situation in light of the sympathetic circumstances. 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