Illinois Immigration Legal Questions

I assume that when you say that your husband got an extension letter in the mail, that was through an application to remove the conditions of residence status. In such case, he should be able to safely travel with his expired green card and the extension letter. I do note that there are some countries whose immigration authorities do not recognize the extension letter, and to be safe, some individuals obtain an I-551 temporary stamp of permanent residence in their passports from the local U.S.C.I.S. field office before making a 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

In this case, you probably do need to have two H-1B petitions. The one year time period appears to be a concern between the end of 2017 and the end of 2018. We have seen situations in the past in which employers have sponsored someone for a certain period of time and the alien took a hiatus from the job during the duration of the visa status, but the instances that we have seen have been unforeseen at the time of 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

By "legalized," what do you mean? If you mean that the 60-80 pages of forms and proper evidence must be filed with the medical and nearly $1800 of filing fees, with the interview and review of the marriage, then the answer is, yes! You probably should hire a competent and experienced immigration attorney to counsel you and explain the three step process that can take three to five years or more. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

In a marriage-based adjustment of status case it generally is necessary to supply evidence that the marriage took place and was valid, and this usually involves filing a photocopy of an official Marriage Certificate and being prepared to show the original Marriage Certificate to the USCIS adjudicating officer at the adjustment of status interview that would be scheduled prior to case approval. Of course, there are many other supporting documents that will be important to provide and many other details that determine immigration-related eligibility. It would be wise for you and your Cuban citizen spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

A US citizen sponsor can file the immediate relative petition, to bring a spouse over to the US. The Service requires that the sponsor fill out an affidavit of support showing sufficient assets or income so that if the relative becomes a public charge, that the sponosr will then be responsible  his expenses. You can qualify based on either income or assets. If you do not qualify based on neither, you can find a third party to do a joint sponsor with. Its best if you retain counsel to guiode you through the process... Read Answer

Generally, a U.S. citizen aged 21 or older may sponsor parents living in the U.S. to adjust status to become Lawful Permanent Residents (to get "Green Cards") if the parents entered the U.S. lawfully and with inspection (such as with a visitor's visa). This is true regardless of whether the parents may have overstayed their initial visa and regardless of whether the U.S. citizen child may be pregnant. If the U.S. citizen child does not have sufficient documentable income to meet the requirements for her family size (including her sponsored parents and, if the Citizen's child is born before the adjustment of status is concluded, then including that baby too), then it may be necessary to include a joint sponsor in the application process. Generally, a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated by the Affidavit of Support. Of course, many other details can determine eligibility for immigration benefits. It would be wise for you and your parents to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process. 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 Answer

If you have fallen out of status, then you must ask the correct department for reinstatement or seek some other means to reacquire your F1 student visa status. There are limited reasons to get reinstatement, so many are denied. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

In order to avoid abandonment, you must permanently reside (physically live) in the U. S. If you have been out of the U. S. for more than a year or most of the time, then this will cause complications. Replacement of the permanent resident card should be done while residing in the U. S. To do otherwise, can cause complications, where no effort was made to secure a valid and unexpired re-entry permit before departure. I strongly recommend a teleconference with a competent, ethical and experienced immigration attorney before there are more complications.... Read Answer

Your ICE detention should show up on an FBI Check, but not with State of Illinois State Police. If you have a valid employment authorization card, then it should not be an issue. I strongly recommend an appointment with a competent and experienced immigration attorney if you have any further questions.... Read Answer

The issue is whether he even has lawful permanent resident status. If you are still waiting for the first interview, then there may be issues, so you should seek an appointment with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

No, not for a while, if at all, if you worked while in the U. S. on a tourist visa. There may also be other complications, such as overstaying your I-94 departure deadline. I strongly recommend an appointment with a competent and experienced immigration attorney before there are more complications.... Read Answer

More information is needed. The US CAS has the right to question the applicant about a marriage, we're marriage is the basis for filing. Those who are married for less than five years, who file for naturalization can be asked for additional evidence of the marital relationship. The USCIS always has the right to rescind greencard status if it believes that the marriage was entered into solely to obtain a green card. If you have any questions, I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.... Read Answer

If your spouse is already a claim lawful permanent resident status for more than five years, then she can apply for naturalization. However, some applicants have violated the terms of their permanent resident status. As a result, I strongly recommend an appointment with a competent experienced immigration attorney before she files a naturalization application. There are a number of ways that people can disqualify themselves get into trouble when they file as a result.... Read Answer

The decision to cancel a contract may have consequences. It is important that you understand all of the consequences including processing delays that may affect your career. There may be other issues that the consular officials were unaware of at the time that you processed your last P1 visa. I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney.... Read Answer

More information is needed. We will need to review your record at the border. If you have illegally re-entered as a matter of law, then you can be banned from becoming a green card holder. The ban may require you to prove that you are outside of the country for more than 10 years. However, more information is needed, which will require additional research with the DHS. I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney before there are more complications.... Read Answer

The choice is yours, but the last arrest, and perhaps conviction, may complicate matters. You can lose quite a bit of money if you are denied. You may not get another chance to apply, again, if DACA is denied. This means that you may want to start using an attorney as a result. This 'may' be considered a significant misdemeanor depending upon the examiner's discretion. Good luck.... Read Answer

You were obligated to support him for a period of 10 years or until he becomes a naturalized US citizen. In other words, the sooner he becomes a naturalized US citizen, the sooner that your obligation ends! I strongly recommend an appointment with a competent and experienced immigration attorney before there are further complications.... Read Answer

Your mother can petition for you if you are unmarried. However, it is unclear whether you are admissible for a visa without further information. The visa processing in this family based category is subject to a low quota. As a result, I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney. Good luck.... Read Answer

Yes, you can marry your fiance in the United States. However, he does not have any status that will lawfully allow you to remain in the U. S. He may eventually try to seek status in Canada from the Canadian Embassy or Consulate in the United States once you are both married. I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney. Good luck.... Read Answer

It is likely that this is not possible, but further investigation is required. If you decide to get engaged, then you may want to petition him as your fiance. If not, then you may have to wait until such a decision made. The process of filing for a fiance visa can take a while. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are further complications. Good luck.... Read Answer

That will depend upon when you will file for an immigrant visa. The salary changes every spring for form I-864 purposes, but is likely over $25,000, perhaps more. There may be a possibility for a "joint sponsor" to come forward. The process of obtaining a marriage based immigration visa is complicated. For that reason, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications. Good luck.... Read Answer

Unfortunately it does not appear that you are eligible for naturalization through your mother. The cutoff age is 18, and you would only have been benefited if your mother was naturalized before your 18th birthday. 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